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
The amendment filed September 3, 2025 has been entered. Claims 1-20 remain pending in the application. Claims 5-10 and 16-20 remain withdrawn from consideration. The previous objections to claims 1-4 and 11-13 are withdrawn in light of the Applicant's amendment to claims 1 and 2.
Claim Objections
Claims 14 and 15 are objected to because of the following informalities:
In claim 14 line 5, “first side a second side” would be clearer if written as --first side, a second side--.
In claim 14 line 6, “side and a first end” would be clearer if written as --side, and a first end--.
Appropriate correction is required.
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.
Claims 1-3 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WIPO Publication WO2019/093942 to Hedevarn.
Referring to claim 1, Hedevarn discloses a system for mounting a pump head to a pump assembly enclosure, the system comprising:
a mounting plate having a first side a second side opposite and spaced apart from the first side and a first end and a second end opposite and spaced apart from the first end, and an opening extending between the first side and the second side, wherein the first side of the mounting plate is sized and configured for coupling to the pump head (4, 28), and wherein the second side of the mounting plate is sized and configured for coupling to the pump assembly enclosure (it has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex part Masham, 2 USPQ2d 1647 (1987); the recitation of coupling to a pump assembly enclosure is a recitation with respect to the manner in which the claimed apparatus is intended to be employed does not differentiate the claimed apparatus from the prior art; the Examiner also notes that the disclosed assembly is configured to couple to a pump assembly enclosure since it is capable of such coupling) (Figures 1-11, Fig. 1 annotated below; page 9 line 19 - page 12 line 5); and
a cover plate disposed upon and coupled to the first side of the mounting plate, the cover plate including a tubing guide (30, 32) extending in a direction away from a first side of the cover plate and the first side of the mounting plate, wherein the tubing guide (30, 32) including a guide channel (80, 92) extending through the tubing guide (30, 32), and wherein the tubing guide (80, 92) is sized and configured to receive a pump tubing (Figures 1-11, Fig. 1 annotated below; page 9 line 19 - page 12 line 5).
[AltContent: arrow][AltContent: textbox (Mounting Plate)][AltContent: arrow][AltContent: textbox (Second Plurality of Holes)][AltContent: arrow][AltContent: textbox (First Plurality of Holes)][AltContent: arrow][AltContent: textbox (First Plurality of Fasteners)][AltContent: textbox (Recessed Surface)][AltContent: arrow][AltContent: arrow][AltContent: textbox (First Side)][AltContent: textbox (First Side)][AltContent: arrow][AltContent: textbox (Opening)][AltContent: arrow][AltContent: textbox (Cover Plate)][AltContent: arrow]
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Annotation of Hedevarn Figure 1.
Referring to claim 2, Hedevarn discloses a system comprising all the limitations of claim 1, as detailed above, and further discloses a system comprising:
the pump head (4, 28), where the pump head (4, 28) is received in the opening provided on the mounting plate, at least a portion of the pump head (4, 28) coupled to the first side of the mounting plate (Figures 1-11, Fig. 1 annotated above; page 9 line 19 - page 12 line 5).
Referring to claim 3, Hedevarn discloses a system comprising all the limitations of claim 2, as detailed above, and further discloses a system wherein:
the first side of the mounting plate includes a recessed surface and at least a portion of the pump head (4, 28) is seated within the recessed surface (Figures 1-11, Fig. 1 annotated above; page 9 line 19 - page 12 line 5).
Referring to claim 11, Hedevarn discloses a system comprising all the limitations of claim 1, as detailed above, and further discloses a system comprising:
a first plurality of fasteners, wherein the mounting plate defines a first plurality of holes configured to receive the first plurality of fasteners to couple the pump head (4, 28) (on the cover plate) to the mounting plate, wherein the first side of the mounting plate includes a recessed surface and the first plurality of holes extend from the recessed surface towards the second side of the mounting plate (Figures 1-11, Fig. 1 annotated above; page 9 line 19 - page 12 line 5).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over WIPO Publication WO2019/093942 to Hedevarn in view of U. S. Patent Publication 2016/0017880 to Maguire.
Referring to claim 4, Hedevarn teaches a system comprising all the limitations of claim 2, as detailed above, and further discloses a system comprising:
a motor (2); and the pump tubing, wherein the pump head (4, 28) further includes: an occlusion bed (63); and a rotor assembly (4) positioned in the occlusion bed (63), wherein the occlusion bed (63) is configured to move with respect to the rotor assembly (4) when a pivotable pump head cover (22) is pivoted toward or away from the pump head (4, 28) (Figures 1-11, Fig. 1 annotated above; page 9 line 19 - page 12 line 5).
Hedevarn does not teach a rotor guide. Maguire teaches a system wherein a pump head comprises:
a rotor guide (12); a rotor assembly positioned between an occlusion bed (14) and the rotor guide (12); wherein the occlusion bed (14) is configured to move with respect to the rotor guide (12) and the rotor assembly (Figures 3-7; paragraphs [0064]-[0066]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the system taught by Hedevarn with the rotor guide taught by Maguire in order to protect the rotor by surrounding a portion thereof.
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over WIPO Publication WO2019/093942 to Hedevarn.
Referring to claim 12, Hedevarn teaches a system comprising all the limitations of claim 11, as detailed above, but does not teach that the holes are threaded. It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to make the holes threaded, as an obvious matter of design choice since applicant has not disclosed that different style fasteners solve any stated problems or are for any particular purpose, and it appears that the invention would perform equally well with different style fasteners.
Referring to claim 13, Hedevarn teaches a system comprising all the limitations of claim 1, as detailed above, and further teaches a system wherein:
the mounting plate defines a second plurality of holes configured to receive a second plurality of fasteners to couple the mounting plate to a pump assembly enclosure (it has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex part Masham, 2 USPQ2d 1647 (1987); the recitation of coupling to a pump assembly enclosure is a recitation with respect to the manner in which the claimed apparatus is intended to be employed does not differentiate the claimed apparatus from the prior art; the Examiner also notes that the disclosed assembly is configured to couple to a pump assembly enclosure since it is capable of such coupling), wherein the first side of the mounting plate includes a recessed surface and the second plurality of holes extend through to the second side of the mounting plate (Figures 1-11, Fig. 1 annotated above; page 9 line 19 - page 12 line 5).
While Hedevarn does not explicitly disclose that the four holes in the corners of the mounting plate are for fasteners, all other similarly shown holes are and therefore it would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to use the four holes in the corners of the mounting plate for a second plurality of fasteners in order to secure the system to something.
Hedevarn does not teach the second plurality of holes extending from the recessed surface, it would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to make the holes extend from the recessed surface, as an obvious matter of design choice since applicant has not disclosed that different hole locations solve any stated problems or are for any particular purpose, and it appears that the invention would perform equally well with different hole locations.
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over WIPO Publication WO2019/093942 to Hedevarn in view of U. S. Patent Publication 2019/0343579 to Tandri.
Referring to claim 14, Hedevarn teaches a peristaltic pump assembly, comprising:
a pump head (4, 28); a motor (2); tubing; a mounting plate having a first side, a second side opposite and spaced apart from the first side, and a first end and a second end opposite and spaced apart from the first end, and an opening extending between the first side and the second side, the first side of the mounting plate coupled to the pump head (4, 28), and the second side of the mounting plate sized and configured for coupling to a pump assembly enclosure (it has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex part Masham, 2 USPQ2d 1647 (1987); the recitation of coupling to a pump assembly enclosure is a recitation with respect to the manner in which the claimed apparatus is intended to be employed does not differentiate the claimed apparatus from the prior art; the Examiner also notes that the disclosed assembly is configured to couple to a pump assembly enclosure since it is capable of such coupling) (Figures 1-11, Fig. 1 annotated below; page 9 line 19 - page 12 line 5);
a cover plate disposed upon and coupled to the first side of the mounting plate such that at least a portion of the pump head (4, 28) extends between the cover plate and the mounting plate, the cover plate including a tubing guide (30, 32) extending in a direction away from a first side of the cover plate and the first side of the mounting plate, the tubing guide including a guide channel (80, 92) extending through the tubing guide (30, 32) sized and configured to receive the tubing, wherein the pump head (4, 28) urges fluid flow through the tubing (Figures 1-11, Fig. 1 annotated below; page 9 line 19 - page 12 line 5).
Hedevarn teaches that the pump has medical uses, but is otherwise silent as to the use of the pump. Tandri teaches a pump wherein
wherein a fluid flow through the tubing to supply a cooling fluid (from 240) to a medical probe assembly for delivering energy to a patient's body, the medical probe assembly comprising: at least one probe (220) comprising an electrically non-conductive outer circumferential portion (in order to not electrocute the patient it must have an electrically non-conductive outer circumferential exterior), and an electrically and thermally-conductive energy delivery device (the ablation element) extending distally from the electrically non-conductive outer circumferential portion for delivering one of electrical and radiofrequency energy to the patient's body, the energy delivery device comprising a conductive outer circumferential surface (required in order to deliver electric energy) and one or more internal lumens (212) for circulating the cooling fluid to a distal end of the energy delivery device (Fig. 10; paragraphs [0051], [0085] and [0094]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to use the system taught by Hedevarn with the probe assembly taught by Tandri in order to use the pump in a device for cardiopulmonary denervation (Tandri paragraph [0001]).
Referring to claim 15, Hedevarn and Tandri teach a system comprising all the limitations of claim 14, as detailed above, and Hedevarn further discloses a system wherein:
the first side of the mounting plate includes a recessed surface and at least a portion of the pump head (4, 28) is seated within the recessed surface (Figures 1-11, Fig. 1 annotated above; page 9 line 19 - page 12 line 5).
Response to Arguments
Applicant's arguments filed September 3, 2025 have been fully considered but they are not persuasive. The Applicant argues that tube guide of Hedevarn, (80, 92) as cited by the Examiner in the rejection, is part of the mounting plate and not part of the cover plate as claimed. Remarks 1. However, the cited tube guide (80, 92) of Hedevarn is not attached to, or in any way part of, the mounting plate as the Applicant alleges. The cited tube guide (80, 92) of Hedevarn is attached to the holder portions (30, 32) which are elastically coupled to the slider (20). The slider (20) moves/slides relative to the base plate and is not connected thereto as the Applicant argues. Instead, the cited tube guide (80, 92) is engaged inside the tracks (40, 42), which are part of the cover plate. The slider (20) is further engaged with the cover plate by a post (52) and pin (54) which pass through the opening (41) of the cover plate. As such the cited tube guide (80, 92) is engaged with, and therefore included with/in the cover plate as claimed, and in no way engaged with or part of the mounting plate as alleged by the Applicant.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN MATTHEW LETTMAN whose telephone number is (571)270-7860. The examiner can normally be reached Monday-Friday 8am-4pm.
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/BRYAN M LETTMAN/Primary Examiner, Art Unit 3746