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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/25/2025 has been entered.
Response to Amendment
This office action is responsive to the amendment filed on 4/25/2025. As directed by the amendment: claims 1 and 16 have been amended; no claims have been cancelled; and no claims have been added. Thus, claims 1-20 are presently pending in this application.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 4-8, 10-14, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Scholz et al. (US 20180187811 A1) in view of Kelman (US 4465470 A).
Regarding claim 1, Scholz discloses a medical probe, comprising:
a probe body shaped to define a distal section of a fluid channel (Paragraphs [0086]-[0088]; first body 5 carrying fluid; Fig. 1; Paragraph [0114]-[0115], clarifies that first body 5 can be a measuring element, aka a probe);
a cartridge, which is shaped to define a proximal section of the fluid channel (Paragraphs [0086]-[0088]; second body 3 carrying fluid through space 23; Fig. 2; Paragraph [0114]-[0115], clarifies that second body 3 can be a measuring chamber, aka a cartridge; Paragraph [0089], clarifies that the holding member 2 can be permanently joined to second body 3 by way of gluing or welding wall 26 thereto); and
a clip configured to reversibly couple the cartridge with the probe body by sliding over the probe body and the cartridge while the cartridge contacts the probe body such that the proximal section of the fluid channel is in fluidic communication with the distal section of the fluid channel (Paragraphs [0100], [0127], [0143], [0146], [0152], [0165] and Figs. 3, 6, 10 demonstrate that connection member 4 slides over the claimed cartridge and probe to reversibly couple and fluidically join them).
Scholz is silent regarding the cartridge comprising a solenoid valve configured to regulate flow of a fluid through the proximal section of the fluid channel.
In analogous art, Kelman teaches a solenoid valve (24) configured to regulate flow of a fluid through a proximal section of a fluid channel (15, Col 2, lines 29-45).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the cartridge of Scholz to incorporate the teachings of Kelman to incorporate a solenoid valve configured to regulate flow of a fluid through the proximal section of the fluid channel in order to control fluid flow (Col 2, lines 29-34).
Regarding claim 2, Scholz in view of Kelman disclose the medical probe according to claim 1, wherein the clip is U-shaped (Paragraph [0151]; connection member 4 is u-shaped; Figs. 6 and 10, Scholz).
Regarding claim 4, Scholz in view of Kelman disclose the medical probe according to claim 1, wherein the clip is slidably disposed around the probe body (See Figs. 3 and 10 demonstrate connection member 4 sliding over first body 5, Scholz).
Regarding claim 5, Scholz in view of Kelman disclose the medical probe according to claim 4,
wherein an outer surface of the cartridge is shaped to define one or more ridges (Paragraph [0065], [0070], [0093], [0099]; second body 3 has guide bars 18; Figs. 7 and 10-11, Scholz),
wherein an inner surface of the clip is shaped to one or more protrusions (Paragraph [0099]; bars 14 on connection member 4; Figs. 5-6 and 10, Scholz), and
wherein the clip is configured to couple the cartridge with the probe body by sliding over the probe body and the cartridge until the protrusions are aligned with the ridges (Paragraphs [0065], [0070], [0093], [0099]; guide bars 18 mate with bars 14 by a sliding engagement to couple the claimed cartridge and claimed probe; Figs. 5 and 10, Scholz).
Regarding claim 6, Scholz in view of Kelman disclose the medical probe according to claim 5, wherein the probe body and clip are configured to facilitate holding the clip, alternatingly, in an unlocked position, in which the protrusions are misaligned with the ridges, and a locked position, in which the protrusions are aligned with the ridges (Fig. 10 demonstrate that connection member 4 is configured to be held by the claimed probe and clip until the bars 14 and 18 align, Scholz).
Regarding claim 7, Scholz in view of Kelman disclose the medical probe according to claim 6,
wherein the protrusions are first protrusions, wherein the inner surface of the clip is further shaped to define one or more second protrusions (Portion of circumferential wall 28 of recesses 13 away from gripping element 12, which mate with nose 11 and hook 27 on arms 10; Figs. 6 and 10, Scholz),
wherein the cartridge is shaped to define one or more unlocked-state indentations (Indents between hook 27 and nose 11 on arms 10 of holding member 2; Fig. 10, Scholz) and one or more locked-state indentations (Indents (not enumerated) between nose 11 and the base of arms 10; Fig. 10, Scholz), and
and wherein the second protrusions are configured to snap into the unlocked-state indentations, respectively, upon the clip reaching the unlocked position, and to snap into the locked- state indentations, respectively, upon the clip reaching the locked position (Fig. 10 and paragraphs [0096]-[0099], [0107], and [0154] demonstrate that the indents between hook 27 and nose 11 retains connection member 4 via recess 13 in an unlocked position, and the indents between nose 11 and the base of arms 10 retain connection member 4 in a locked position, Scholz).
Scholz in view of Kelman are silent regarding
wherein the probe body is shaped to define one or more unlocked-state indentations and one or more locked-state indentations.
However, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to reverse, or swap, the positions of the Scholz' first and second bodies such that the indentations on the claimed cartridge disclosed by Scholz are instead provided on the claimed probe, in order to support instances where it is favorable for the measuring chamber to be a reusable body as compared to when the measuring element is intended to be reusable, see paragraph 8 of Scholz and MPEP 2144.04(VI)(A).
Regarding claim 8, Scholz in view of Kelman disclose the medical probe according to claim 6,
wherein the clip comprises at least one spring (Paragraphs [0143] and [0149], legs 31 of connection member 2 are flexible/resilient in order to flex/spring around holding member 2, and therefore can each be considered a spring; Figs. 6 and 10, Scholz),
wherein the cartridge is shaped to define one or more unlocked-state indentations (Indents between hook 27 and nose 11 on arms 10 of holding member 2; Fig. 10, Scholz) and one or more locked-state indentations (Indents (not enumerated) between nose 11 and the base of arms 10; Fig. 10, Scholz), and
wherein the spring is configured to engage with the unlocked-state indentations upon the clip reaching the unlocked position, and to engage with the locked-state indentations upon the clip reaching the locked position (Fig. 10 and paragraphs [0096]-[0099], [0107], [0154] demonstrate that the indents between hook 27 and nose 11 engage legs 31 via their recesses 13 when connection member 4 is in an unlocked position, and then indents between nose 11 and the base of arms 10 engage legs 31 via their recesses 13 when connection member 4 is in a locked position, Scholz).
Scholz in view of Kelman are silent regarding
wherein the probe body is shaped to define one or more unlocked-state indentations and one or more locked-state indentations.
However, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to reverse, or swap, the positions of the Scholz' first and second bodies such that the indentations on the claimed cartridge disclosed by Scholz are instead provided on the claimed probe, in order to support instances where it is favorable for the measuring chamber to be a reusable body as compared to when the measuring element is intended to be reusable, see paragraph 8 of Scholz and MPEP 2144.04(VI)(A).
Regarding claim 10, Scholz in view of Kelman disclose the medical probe according to claim 1, wherein the clip is slidably disposed around the cartridge (Figs. 3 and 10 demonstrate connection member 4 sliding over holding member 2 welded/glued to second body 3, Scholz).
Regarding claim 11, Scholz in view of Kelman disclose the medical probe according to claim 10, wherein an outer surface of the cartridge is shaped to define one or more ridges (Paragraphs [0065], [0070], [0093], [0099]; second body 3 has guide bars 18; Figs. 7 and 10-11, Scholz),
wherein an inner surface of the clip is shaped to one or more protrusions (Paragraph [0099]; bars 14 on connection member 4; Figs. 5-6 and 10, Scholz), and
wherein the clip is configured to couple the cartridge with the probe body by sliding over the probe body and the cartridge until the protrusions are aligned with the ridges, respectively (Paragraphs [0065], [0070], [0093], [0099]; guide bars 18 mate with bars 14 by a sliding engagement to couple the claimed cartridge and claimed probe; Figs. 5 and 10, Scholz).
Scholz in view of Kelman are silent regarding
wherein an outer surface of the probe body is shaped to define one or more ridges.
However, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to reverse, or swap, the position of Scholz's claimed ridges on its claimed cartridge to be placed on Scholz's claimed probe, accordingly inverting the position of Scholz's claimed protrusions to mate therewith, in order to support in order to support instances where it is favorable for the measuring chamber to be a reusable body as compared to when the measuring element is intended to be reusable, see paragraph 8 of Scholz and MPEP 2144.04(VI)(A).
Regarding claim 12, Scholz in view of Kelman disclose the medical probe according to claim 11, wherein the cartridge and clip are configured to facilitate holding the clip, alternatingly, in an unlocked position, in which the protrusions are misaligned with the ridges, and a locked position, in which the protrusions are aligned with the ridges (Fig. 10 demonstrate that connection member 4 is configured to be held by the claimed cartridge and clip until the bars 14 and 18 align, Scholz).
Regarding claim 13, Scholz in view of Kelman disclose the medical probe according to claim 12,
wherein the protrusions are first protrusions, wherein the inner surface of the clip is further shaped to define one or more second protrusions (Portion of circumferential wall 28 of recesses 13 away from gripping element 12, which mate with nose 11 and hook 27 on arms 10; Figs 6 and 10, Scholz),
wherein the cartridge is shaped to define one or more unlocked-state indentations (Indents between hook 27 and nose 11; Fig. 10, Scholz) and one or more locked-state indentations (Indents (not enumerated) between nose 11 and the base of arms 10; Fig. 10, Scholz), and
wherein the second protrusions are configured to snap into the unlocked-state indentations, respectively, upon the clip reaching the unlocked position, and to snap into the locked- state indentations, respectively, upon the clip reaching the locked position (Fig. 10 and paragraphs [0096]-[0099], [0107], and [0154] demonstrate that the indents between hook 27 and nose 11 retains connection member 4 via recess 13 in an unlocked position, and the indents between nose 11 and the base of arms 10 retain connection member 4 in a locked position, Scholz).
Regarding claim 14, Scholz in view of Kelman disclose the medical probe according to claim 12,
wherein the clip comprises at least one spring (Paragraphs [0143] and [0149], legs 31 of connection member 2 are flexible/resilient in order to flex/spring around holding member 2, and therefore can each be considered a spring; Figs. 6 and 10, Scholz),
wherein the cartridge is shaped to define one or more unlocked-state indentations (Indents between hook 27 and nose 11; Fig. 10, Scholz) and one or more locked-state indentations (Indents (not enumerated) between nose 11 and the base of arms 10; Fig. 10, Scholz), and
wherein the spring is configured to engage with the unlocked-state indentations upon the clip reaching the unlocked position, and to engage with the locked-state indentations upon the clip reaching the locked position (Fig. 10 and paragraphs [0096]-[0099], [0107], and [0154] demonstrate that the indents between hook 27 and nose 11 engage legs 31 via their recesses 13 when connection member 4 is in an unlocked position, and then indents between nose 11 and the base of arms 10 engage legs 31 via their recesses 13 when connection member 4 is in a locked position, Scholz).
Regarding Claim 16, Scholz discloses a method, comprising:
bringing a cartridge, which is shaped to define a proximal section of a fluid channel (Paragraphs [0086]-[0088]; second body 3 carrying fluid through space 23; Fig. 2; Paragraphs [0114]-[0115], clarifies that second body 3 can be a measuring chamber, aka a cartridge; Paragraph [0089], clarifies that the holding member 2 can be permanently joined to second body 3 by way of gluing or welding wall 26 thereto), into contact with a probe body of a medical probe, the probe body being shaped to define a distal section of the fluid channel (Paragraphs [0086]-[0088]; first body 5 carrying fluid; Fig. 1; Paragraphs [0114]-[0115], clarifies that first body 5 can be a measuring element, aka a probe), such that the proximal section of the fluid channel is in fluidic communication with the distal section of the fluid channel (Paragraphs [0033]-[0034] and [0164]-[0165]; first and second body connect in a manner such that passage of fluid occurs across the connection); and
reversibly coupling the cartridge with the probe body, by sliding a clip over the probe body and the cartridge while the cartridge contacts the probe body (Paragraphs [0100], [0127], [0143], [0146], [0152], [0165] and Figs. 3, 6, 10 demonstrate that connection member 4 slides over the claimed cartridge and probe to reversibly couple join them).
Scholz is silent regarding the cartridge includes a solenoid valve configured to regulate flow of a fluid through the proximal section of the fluid channel.
In analogous art, Kelman teaches a solenoid valve (24) configured to regulate flow of a fluid through a proximal section of a fluid channel (15, Col 2, lines 29-45).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the cartridge of Scholz to incorporate the teachings of Kelman to incorporate a solenoid valve configured to regulate flow of a fluid through the proximal section of the fluid channel in order to control fluid flow (Col 2, lines 29-34).
Regarding Claim 17, Scholz in view of Kelman disclose the method according to claim 16, wherein the clip is U- shaped (Paragraph [0151]; connection member 4 is u-shaped; Figs. 6 and 10, Scholz).
Regarding Claim 18, Scholz in view of Kelman disclose the method according to claim 16, wherein the clip is slidably disposed around the probe body (See Figs. 3 and 10 demonstrate connection member 4 sliding over first body 5, Scholz).
Regarding Claim 19, Scholz in view of Kelman disclose the method according to claim 18,
wherein an outer surface of the cartridge is shaped to define one or more ridges (Paragraph [0065], [0070], [0093], [0099]; second body 3 has guide bars 18; Figs. 7 and 10-11, Scholz),
wherein an inner surface of the clip is shaped to one or more protrusions (Paragraph [0099]; bars 14 on connection member 4; Figs. 5-6 and 10, Scholz), and
wherein the clip is configured to couple the cartridge with the probe body by sliding over the probe body and the cartridge until the protrusions are aligned with the ridges (Paragraphs [0065], [0070], [0093], [0099]; guide bars 18 mate with bars 14 by a sliding engagement to couple the claimed cartridge and claimed probe; Figs. 5 and 10, Scholz).
Regarding claim 20, Scholz in view of Kelman disclose the method according to claim 16, wherein the clip is slidably disposed around the cartridge (Figs. 3 and 10 demonstrate connection member 4 sliding over holding member 2 welded/glued to second body 3, Scholz).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Scholz et al. (US 20180187811 A1) in view of Kelman (US 4465470 A) further in view of Osborne et al. (US 20160310689 A1).
Regarding claim 3, Scholz in view of Kelman disclose the medical probe according to claim 1, but are silent regarding wherein the probe body comprises one or more electrical interfaces configured to transfer electricity to the cartridge while the cartridge is coupled with the probe body.
In analogous art, Osborne teaches a multi-media connector
wherein the probe body comprises one or more electrical interfaces configured to transfer electricity to the cartridge while the cartridge is coupled with the probe body (Paragraph [0141], electrical connections 801 on the circuit connector 2 of medical tube 3 mating with cooperative connector 802 via coupler 6 on base unit 5; Figs. 6d and 8a).
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate the electrical connection taught by Osborne to the connector disclosed by Scholz in order to provide a means for communicating measurement sensor data and power between components such as peripheral equipment (e.g. fluid systems) or sensors (e.g. measurement element/chambers) (See paragraph [0114], Osborne).
Claims 9 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Scholz et al. (US 20180187811 A1) in view of Kelman (US 4465470 A) further in view of Trocki et al. (US 20010047153 A1).
Regarding claim 9, Scholz in view of Kelman disclose the medical probe according to claim 6, but are silent regarding wherein a face of the clip is shaped to define one or more indentations, and wherein the probe body is shaped to define one or more pockets, and comprises: one or more pins, each of the pins comprising a front pin-portion disposed within a different respective one of the indentations and a back pin-portion disposed within a different respective one of the pockets; and one or more springs, each of the springs being coupled at a front spring-end to a different respective one of the pins and at a back spring-end to an inside of a different respective one of the pockets, the springs and pins being configured to rotate within the pockets as the clip slides between the unlocked position and the locked position.
In analogous art, Trocki teaches an injector connection system, wherein a face of a probe body is shaped to define one or more indentations (Rotating ring 4028 has cam tracks 4072; Fig. 61 and 124), and wherein the probe body is shaped to define one or more pockets (Rear plate 4056 has recesses 4099; Fig. 124), and wherein a clip comprises one or more pins (Fig. 124, flex ring 4026 constitutes a pin, the examiner notes that pin may be understood as “piece of solid material (such as wood or metal) used especially for fastening things together or as a support by which one thing may be suspended from another” – Merriam-Webster and/or “a short cylindrical rod or tube, as a wrist pin or crankpin, joining two parts so as to permit them to move in one plane relative to each other”- dictionary.com), each of the pins comprising a front pin-portion disposed within a different respective one of the indentations (Posts 466 interact/rotate within cam tracks 4072; Fig. 61 and 124) and a back pin-portion disposed within a different respective one of the pockets (Paragraph [0350], pair of projecting tabs 4095 connect to free end 4097 of springs 4091 within recesses 4099; Fig. 124); and wherein the probe body comprises one or more springs (Springs 4091; Figs. 124-125), each of the springs being coupled at a front spring-end with a different respective one of the pins (Paragraph [0350]; springs 4091 connect to tabs 4095 via free ends 4097; Fig. 124) and at a back spring-end with an inside of a different respective one of the pockets, the springs and pins being configured to rotate within the pockets as the clip slides between the unlocked position and the locked position (Paragraph [0350]; bearings 4093 are provided to aid in the rotation of springs 4091, and tabs 4095 within recess 4099; Fig. 124).
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to reverse, or swap, the orientation of Trocki's posts 4066 with Trocki's cam tracks 4072, such that Trocki's flex ring 4026 has cam tracks 4072 and Trocki's rotating ring 4028 has posts 4066, has equivalents for the same purpose of providing limited rotational travel, see MPEP 2144.04(VI)(A). Therein, making it obvious for Trocki’s probe to have pins as claimed and its clip to have indentations as claimed.
It would be similarly obvious to incorporate the rotation return mechanism taught by Trocki to the coupling system disclosed by Scholz, by incorporating the Trocki's claimed indentations on the probe-side of Scholz's claimed clip and imposing the associated structures of Trocki's claimed pockets, pins, and springs on the clip-side of Scholz's claimed probe, in order to arrive at a coupling mechanism which advantageously assists in returning the claimed clip, cartridge, and probe to their resting -or unlocked- state when the connection has become exposed to contrast media which can harden and impede disconnection, and therein re-use (See paragraph [0350], Trocki).
Regarding claim 15, Scholz in view of Kelman disclose the medical probe according to claim 12, but are silent regarding wherein a face of the clip is shaped to define one or more indentations, and wherein the cartridge is shaped to define one or more pockets, and comprises: one or more pins, each of the pins comprising a front pin-portion disposed within a different respective one of the indentations and a back pin-portion disposed within a different respective one of the pockets; and one or more springs, each of the springs being coupled at a front spring-end with a different respective one of the pins and at a back spring-end with an inside of a different respective one of the pockets, the springs and pins being configured to rotate within the pockets as the clip slides between the unlocked position and the locked position.
In analogous art, Trocki teaches an injector connection system, wherein a face of a cartridge is shaped to define one or more indentations (Rotating ring 4028 has cam tracks 4072; Figs. 61 and 124), and wherein the cartridge is shaped to define one or more pockets (Rear plate 4056 has recesses 4099; Fig. 124), and wherein a clip comprises one or more pins (Fig. 124, flex ring 4026 constitutes a pin, the examiner notes that pin may be understood as “piece of solid material (such as wood or metal) used especially for fastening things together or as a support by which one thing may be suspended from another” – Merriam-Webster and/or “a short cylindrical rod or tube, as a wrist pin or crankpin, joining two parts so as to permit them to move in one plane relative to each other”- dictionary.com), each of the pins comprising a front pin-portion disposed within a different respective one of the indentations (Posts 466 interact/rotate within cam tracks 4072; Figs. 61 and 124) and a back pin-portion disposed within a different respective one of the pockets (Paragraph [0350], pair of projecting tabs 4095 connect to free end 4097 of springs 4091 within recesses 4099; Fig. 124); and wherein the cartridge comprises one or more springs (Springs 4091; Figs. 124-125), each of the springs being coupled at a front spring-end with a different respective one of the pins (Paragraph [0350]; springs 4091 connect to tabs 4095 via free ends 4097; Fig. 124) and at a back spring-end with an inside of a different respective one of the pockets, the springs and pins being configured to rotate within the pockets as the clip slides between the unlocked position and the locked position (Paragraph [0350]; bearings 4093 are provided to aid in the rotation of springs 4091, and tabs 4095 within recess 4099; Fig. 124).
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to reverse, or swap, the orientation of Trocki's posts 4066 with Trocki's cam tracks 4072, such that Trocki's flex ring 4026 has cam tracks 4072 and Trocki's rotating ring 4028 has posts 4066, has equivalents for the same purpose of providing limited rotational travel, see MPEP 2144.04(VI)(A). Therein, making it obvious for Trocki’s cartridge to have pins as claimed and its clip to have indentations as claimed.
It would be similarly obvious to incorporate the rotation return mechanism taught by Trocki to the coupling system disclosed by Scholz, by incorporating the Trocki's claimed indentations on the cartridge-side of Scholz's claimed clip and imposing the associated structures of Trocki's claimed pockets, pins, and springs on the clip-side of Scholz's claimed cartridge, in order to arrive at a coupling mechanism which advantageously assists in returning the claimed clip, cartridge, and probe to their resting -or unlocked- state when the connection has become exposed to contrast media which can harden and impede disconnection, and therein re-use (See paragraph [0350], Trocki).
Response to Arguments
Applicant’s arguments, see page 7, filed 4/25/2025, with respect to the rejection(s) of claim(s) 1 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kelman (US 4465470 A).
Conclusion
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/HONG-VAN N TRINH/Examiner, Art Unit 3783 /CHELSEA E STINSON/Supervisory Patent Examiner, Art Unit 3783