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 .
Response to Amendment
This office action is responsive to the amendment filed on 7/15/2025. As directed by the amendment: claims 1, 8, and 16-18 have been amended, and claims 2-3 have been canceled. Thus, claims 1, 4-20 are presently pending in this application.
Response to Arguments
Applicant's arguments filed 7/15/2025 have been fully considered but they are not fully persuasive.
Applicant’s arguments with respect to the independent claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4-12, 14, 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5584671 A, henceforth written as Schweitzer.
Regarding claim 1, Schweitzer discloses:
A holding device for automated stopcock actuation, comprising:
(valve actuation unit 14; fig 1-2)
a base body;
(valve interface 45; fig 1-6)
and a driver rotatably received at the base body,
(chuck 33 rotates relative to interface 45 and is biased so as to rest against surface 46 of interface 45; fig 1-2; )
wherein the holding device has a receptacle for removably receiving at least a part of a stopcock
(col 4 line 66 to col 5 line 19; the claimed receptacle is considered valve opening 30, cylindrical recess 64, stubs 65, chuck face 38 as handle 22 is received through opening 30 and into recess 64 to mate with stubs 65 and become fixed in chuck face 38; fig 4+6)
and configured such that the driver can engage with and actuate a handle of the stopcock received in the receptacle upon rotation of the driver ,
(opening 30 receives valve handle 22, such that handle 22 may engage with handle positioning stubs 65 and thus indirectly engage with chuck 33 to actuate rotation of handle 22; fig 2; col 4 line 22 to col 5 line 19)
and a first fixation member that is configured to allow selective fixation of the stopcock in the receptacle, wherein the first fixation member is configured to allow placement of the stopcock into the receptacle in a defined rotation position of the driver and prevent removal of the stopcock from the receptacle upon a relative movement between the driver and the base body, and wherein the first fixation member comprises a lip arranged so as to prevent removal of the stopcock placed in the receptacle over a defined rotation range of the driver and allow removal/placement of the stopcock at a defined rotation position where the notch is aligned with the receptacle
(See examiner's annotation of Schweitzer's figure 4 and 2c denoting the claimed first fixation member, the claimed lip, and the claimed notch, which cooperate to prevent attachment/removal of valve 19 only when it is its closed position, see col 4 line 22-54 of Schweitzer, thus preventing removal over the range of rotation of valve handle 22 when it is not in the closed position.; the claimed first fixation member is considered the inner facing surface of opening 30 on disc 45; the claimed lip is considered the surface of the inner surface 46 which mates with chuck 33 and handle 22; the claimed notch is considered the rectangular cut out end of opening 30 for receiving a portion of handle 22, the right end of opening 30 when viewing fig 4 )
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Regarding claim 4, Schweitzer discloses:
The holding device according to claim 1, wherein the receptacle has a protrusion configured to engage with a part of the stopcock.
(col line 5-20; handle positioning stubs 65 engage the sides of handle 22 to force handle 22 to rotate in response to rotation of chuck 33; fig 2)
Regarding claim 5, Schweitzer discloses:
The holding device according to claim 1, wherein the holding device has one or more second fixation members respectively configured to releasably hold a tubing section leading to a port of the stopcock .
See examiner's annotation of Schweitzer's figure 4 denoting the claimed one or more second fixation members.
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Regarding claim 6, Schweitzer discloses:
The holding device according to claim 5, wherein plural second fixation members are distributed about a circumference of the holding device .
Examiner's annotation of Schweitzer's figure 4 demonstrates that the second fixation members are distributed about a circumference of valve interface 45, and thus around a circumference on the claimed holding device
Regarding claim 7, Schweitzer discloses:
The holding device according to claim 5, wherein at least one of the second fixation member/members is configured to allow a releasable form-locking engagement with the tubing section .
Examiner's annotation of Schweitzer's figure 4 and col 4 line 22-54 demonstrate that the second fixation members, the noted slot and recess 29, has walls and a shape compatible to hold outlet tube 21 and inlet tubes 17 & 18 respectively, therein form locking engagement, such that tubes 17 18 & 21 may be detached, or released, for cleaning, see col 4 line 22-54 of Schweitzer.
Regarding claim 8, Schweitzer discloses:
The holding device according to claim 7, wherein the at least one of the second fixation member/members is respectively formed by a slot formed in the base body and configured to hold the tubing section leading to the port of the stopcock .
Examiner's annotation of Schweitzer's figure 4 demonstrates that the recess 29 or the noted slot of Schweitzer, could both be considered a slot formed in valve interface 45 which hold tubes 17 18 & 21, all of which are demonstrated in Schweitzer's figure 1 as leading to a port of valve 19.
Regarding claim 9, Schweitzer discloses:
The holding device according to claim 1, further comprising a biasing element configured to bias the stopcock placed in the receptacle into engagement with the first fixation member .
(the claimed biasing element is considered spring 37; the claimed first fixation member comprises a lip, noted in examiner's annotation of Schweitzer's of fig 2c as the interior surface 46 which chuck 33 is initially biased against prior to disposal of valve 19 in valve opening 30, see col 4 line 61 to col 5 line 5, thus when valve 19 is disposed in the invention it is likewise biased by spring 37 toward the interior surface 46, see col 6 line 65-67 and fig 2a-c of Sweitcer; thus spring 37 is considered configured to bias the handle 22 of valve 19 into engagement with the claimed first fixation member, and )
Regarding claim 10, Schweitzer discloses:
The holding device according to claim 1, wherein the driver is configured to be coupled to an external rotary actuator .
(col 5 line 5-19; stepper motor 36 is coupled to chuck 33 in the manner by which actuation of motor 36 results in rotation of chuck 33; fig 2 demonstrates the how motor 36 is considered external to chuck 33 in the manner by which motor 36 is not disposed within chuck 33)
Regarding claim 11, Schweitzer discloses:
The holding device according to claim 1 comprising a sensor device for detecting a rotation position and/or presence of the stopcock in the receptacle of the holding device .
(col 9 line 56 to col 11 line 14; as each switch 41 48 49 send a signal in response to a position of control flange 39, and thus a position/presence of valve handle 22, a rotation positition/presence of handle 22 may be determined by the microprocessor of pump 12)
Regarding claim 12, Schweitzer discloses:
The holding device according to claim 1, wherein the base body is configured to be removably attached to an adjacent base body of another holding device to form an array.
(the claimed adjacent base body can be considered the recess in the pumping unit housing 15 which secures the outlet end of tube 20, see col 3 line 62 to col 4 line 7, and the claimed another holding device may be considered the pump unit housing 15 as it holds other elements such as tube 20; col 4 line 26-29 notes that the base body of claim 1, interface 45 is detachable from housing 28, which is attached to housing 15, thus interface 45 is indirectly attached to the recess of housing 15 for holding tube 20, and can be considered to form an array)
Regarding claim 14, Schweitzer discloses:
An apparatus for automated stopcock actuation, comprising:
(system 10; fig 1)
one or more holding device/devices as defined in claim 1,
(actuation unit 14; fig 1)
and one or more rotary actuator/actuators for engaging with the driver/drivers of the holding device/devices and configured to drive the driver/drivers for rotation.
(stepper motor 36 is coupled to chuck 33 for rotating chuck 33; fig 2)
Regarding claim 16, Schweitzer discloses:
The holding device according to claim 1, wherein the relative movement is rotation.
(col 4 line 22-65; handle 22 is prohibited from removal when it isin any rotational position except its closed position)
Regarding claim 17, Schweitzer discloses:
The holding device according to claim 1, wherein lip is disposed on the base body.
(examiner's annotation of Schweitzer's 2c above demonstrated the claimed lip is disposed on interface 45)
Regarding claim 18, Schweitzer discloses:
The holding device according to claim 1, wherein the lip at least partially overlaps a part of the receptacle where the handle of the stopcock is placed.
(examiner's annotation of Schweitzer's 2c above denoting the claimed lip, and in view of Schweitzer's fig 4-6, demonstrate that the lip surface 46 overlaps with cylindrical recess 64)
Regarding claim 19, Schweitzer discloses:
The holding device according to claim 4, wherein the protrusion is a pin configured to be inserted into a bore concentric with a rotational axis of the handle of the stopcock.
(each stub 65 may be considered a pin, and are demonstrated in fig 2 as being inserted into cylindrical recess 64, therein the claimed bore, which is concentric with a rotation axis of the handle 22 of valve 19)
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.
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.
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 15 is rejected under 35 U.S.C. 103 as being unpatentable over Schweitzer as applied to claim 1 above.
Regarding Claim 15,
Schweitzer discloses all of the elements of the current invention which the present claim is dependent upon, as described above, including the following limitations of the present claim:
The apparatus for automated stopcock actuation according to claim 14, wherein the apparatus is configured to allow -- attachment of the holding device/devices.
However, Schweitzer is silent regarding:
the apparatus is configured to allow releasable attachment of the holding device/devices
However, MPEP 2144.04(V)(C) provides that a modification of the invention involving making two elements separable, where it is considered desirable for any reason to disconnect the elements, would only require routine skill in the art and merely a matter of obvious engineering choice. Examiner notes that the valve actuation unit 14 is at some point attachable to the housing 15 of the pumping unit 13, see col 1 line 61-66 of Schweitzer.
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to allow the actuation unit 14 to be released from the housing 15 of pump unit 13, after being initially attached, in order to advantageously arrive at an invention which enables re-use/replacement of either the unit 14 or unit 13 relative to one another, improving the longevity of use of a component of the invention, see MPEP 2144.04(V)(C).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Schweitzer as applied to claim 1 above, and further in view of WO 2010039662 A2, henceforth written as Fago.
Regarding Claim 13,
Schweitzer discloses all of the elements of the current invention which the present claim is dependent upon, as described above. However, Schweitzer is silent regarding:
The holding device according to claim 1, wherein the base body comprises plural receptacles and associated independent drivers arranged in an array.
However, Fago teaches a medical tube coupler:
wherein the base body comprises plural receptacles and associated independent drivers arranged in an array.
(Paragraph 85; each stopcock actuator 132 on manifold 100 is associated with a different stopcock 122a-c on valve cassette 102 for independent actuation to control the delivery of a multitude of fluids; fig 5-7)
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to implement Fago’s teachings of controlling each valve on a multi-valve cassette with independently actuatable rotators to the Schweitzer’s disclosure of a singular valve actuated by a singular rotator, such that Schweitzer’s interface 45 may receive multiple valves 19 such that a same number of chucks may independently rotate each valve thus resembling the teachings of Fago, in order to advantageously arrive at an invention which can control the distribution a multitude of fluids critical for life saving therapeutic treatment to be administered.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Schweitzer as applied to claim 7 above, and further in view of US 7614123 B2, henceforth written as Schweikert.
Regarding Claim 20,
Schweitzer discloses all of the elements of the current invention which the present claim is dependent upon, as described above. However, Schweitzer is silent regarding:
The holding device according to claim 7, wherein the releasable form-locking engagement is a snap fit engagement.
However, Schweikert teaches a medical tube coupler:
wherein the releasable form-locking engagement is a snap fit engagement.
(col 5 line 5-33 and 53-63; openings 140 170 have flexible members, tangs 126 136 and sides 154 164, which may be biased laterally for entry/removal, and consequent stabilizing, of a line 230, therein snap fit engagement; fig 1-6)
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to implement the snap fit engagement of a holder and medical tube teachings of Schweikert to the second fixation member disclosed by Schweitzer, in order to arrive at another art recognized equivalent means for securing a medical tube relative to a valve, see MPEP 2144.06 and col 5 line 5-33 and 53-63 of Schweikert.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FORREST DIPERT whose telephone number is (703)756-1704. The examiner can normally be reached M-F 8:30am-5pm eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached on (571) 270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FORREST B DIPERT/ Examiner, Art Unit 3783
/MICHAEL J TSAI/Supervisory Patent Examiner, Art Unit 3783