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The objections to drawings are withdrawn in light of amendments.
Response to Arguments
Applicant’s arguments, see Remarks, filed on 01/30/2026, with respect to the rejection(s) of claim(s) 10-20 under 35 USC § 102 and §103 rejections 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 Therefore, the rejection has been withdrawn.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 a newly found art reference that reject the amendments made when combined with prior arts.
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 10-12, 15, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ulrich (DE 202011108638 U1) in view of Glynn (US Pub No. 20170224936 A1). For ease of discussion, all citations below refer to the translation of Ulrich provided in previous office action.
Regarding claim 10, Ulrich discloses a pump for use with an intravenous delivery system (Fig.1), comprising:
An inner chamber wall forming a pump chamber (4 – Fig.1) comprising a first fluid pathway (8b – Fig.1), a second fluid pathway (9b – Fig.1), a third fluid pathway (8a – Fig.1), and a fourth fluid pathway (9a – Fig.1), the first and third fluid pathways configured to conduct fluid to the chamber and to stop flow therethrough from the chamber (Para [0021]), the second and fourth fluid pathways configured to conduct fluid from the chamber and to stop flow therethrough to the chamber (Para [0022]);
a piston (3 – Fig.1) positioned within the chamber, the piston being moveable between first and second positions and fluidly separating the first and second fluid pathways from the third and fourth fluid pathways within the chamber (Para [0018]-[0019]), wherein when the piston is moving toward the first position, fluid is conducted through the second and third fluid pathways and stopped through the first and fourth fluid pathways, and when the piston is moving toward the second position, fluid is conducted through the first and fourth fluid pathways and stopped through the second and third fluid pathways (Para [0010], [0023]-[0024]).
However, Ulrich does not expressly disclose wherein finger grips are extending from opposing sides of an outer wall of the single-hand pump such that each of the finger grips are configured to receive a finger of the user.
Glynn teaches finger grips (167 – Fig.11) extending from opposing sides of an outer wall (151 – Fig.11) of a single-hand device such that each of the finger grips are configured to receive a finger of the user (“serves as a finger grip” – Para [0105], Fig.11).
It would be obvious to one in the ordinary skill in the art, before the effective filing date of the applicant’s claimed invention to modify the pump of Ulrich to comprise finger grips extending from opposing sides of an outer wall as taught by Glynn since Glynn teaches that having grips on the opposing sides of the device provides a location for the user’s fingers to grip the device, providing better control.
Regarding claim 11, Ulrich discloses the pump, as modified above, further comprising first, second, third, and fourth ports fluidly coupled to the chamber providing respective flow along the first, second, third, and fourth fluid pathways (See annotated Fig.1 below). Examiner is interpreting the ports to be a structure which the fluid is flowing through, from the chamber into the fluid pathways and from the fluid pathways, into the chamber.
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Regarding claim 12, Ulrich discloses the pump, as modified above, further comprising a plurality of one-way valves (12,13 – Fig.1) in each of the ports, the valves configured to conduct or stop the flow during movement of the piston (Para [0021]-[0022]).
Regarding claim 15, Ulrich discloses the pump, as modified above, wherein the single-hand pump is configured to be actuated by a single hand of a user as the plunger moves between the first and second positions (“serves as a finger grip” – Para [0105], Fig.11).
Regarding claim 18, Ulrich discloses a method of conducting fluid through an intravenous delivery system using a pump, comprising:
providing an inner chamber wall forming a pump chamber (4 – Fig.1) comprising a first fluid pathway (8b – Fig.1), a second fluid pathway (9b – Fig.1), a third fluid pathway (8a – Fig.1), and a fourth fluid pathway (9a – Fig.1), the first and third fluid pathways configured to conduct fluid to the chamber and to stop flow therethrough from the chamber (Para [0021]), the second and fourth fluid pathways configured to conduct fluid from the chamber and to stop flow therethrough to the chamber (Para [0022]);
providing a piston (3 – Fig.1) positioned within the chamber, the piston fluidly separating the first and second fluid pathways from the third and fourth fluid pathways within the chamber (Para [0018]-[0019]);
moving the piston between first and second positions, and wherein when the piston is moving toward the first position, fluid is conducted through the second and third fluid pathways and stopped through the first and fourth fluid pathways, and when the piston is moving toward the second position, fluid is conducted through the first and fourth fluid pathways and stopped through the second and third fluid pathways (Para [0023]-[0024]).
However, Ulrich does not expressly disclose wherein finger grips are extending from opposing sides of an outer wall of the single-hand pump such that each of the finger grips are configured to receive a finger of the user.
Glynn teaches finger grips (167 – Fig.11) extending from opposing sides of an outer wall (151 – Fig.11) of a single-hand device such that each of the finger grips are configured to receive a finger of the user (“serves as a finger grip” – Para [0105], Fig.11).
It would be obvious to one in the ordinary skill in the art, before the effective filing date of the applicant’s claimed invention to modify the pump of Ulrich to comprise finger grips extending from opposing sides of an outer wall as taught by Glynn since Glynn teaches that having grips on the opposing sides of the device provides a location for the user’s fingers to grip the device, providing better control.
Regarding claim 19, Ulrich discloses the pump method, as modified above, further providing first, second, third, and fourth ports fluidly coupled to the chamber (See annotated Fig.1 above).
Regarding claim 20, Ulrich discloses the pump method, as modified above, further conducting and stopping fluid flow along the first, second, third, and fourth pathways via one-way valves (Para [0021]-[0022]).
Claims 13 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Ulrich in view of Glynn as applied in claim 10 above, and further in view of Faden (US Pub No. 20190046784 A1).
Regarding claim 13, Ulrich in view of Glynn discloses the pump, as modified above, wherein there is a plurality one-way valves but Ulrich fails to explicitly disclose wherein the plurality of one-way valves comprises a ball valve.
Faden teaches a pump, wherein there is a plurality of one-way valves comprising a ball valve (“ball check valve” – Para [0058]).
It would be obvious to one in the ordinary skill in the art, before the effective filing date of the applicant’s claimed invention to modify the one-way valves disclosed by Ulrich in view of Glynn to be configured to comprise ball valves as taught by Faden since Faden teaches it is well known to use a ball check valve as a one-way check valve (Para [0058]).
Regarding claim 16, Ulrich in view of Glynn discloses the pump, as modified above, but Ulrich fails to explicitly disclose the pump further comprising a return spring that is compressed as the piston moves in one direction and expands as the piston moves in another direction.
Faden teaches a pump comprising a return spring (364 – Fig.3B) that is compressed as a piston (362 – Fig.3A) moves in one direction (Fig.3B) and expands as the piston moves in another direction (Fig.3C).
It would be obvious to one in the ordinary skill in the art, before the effective filing date of the applicant’s claimed invention to modify the pump as disclosed by Ulrich in view of Glynn to comprise a return spring that is compressed as the piston moves in one direction and expands as the piston moves in another direction as taught by Faden since the spring allows the piston to automatically retract back to the fully retracted position (Faden, Para [0059]).
Regarding claim 17, Ulrich in view of Glynn discloses the pump, as modified above, wherein the piston is configured to move in the one direction by a user's action (Para [0010]), but Ulrich fails to explicitly disclose wherein the piston is configured to move in the another direction by expansion of the return spring.
Faden teaches a pump wherein the piston is configured to move in the another direction by expansion of the return spring (“spring automatically biases the handle outwardly to carry the piston back through reservoir pump chamber” – Para [0059]).
It would be obvious to one in the ordinary skill in the art, before the effective filing date of the applicant’s claimed invention to modify the piston as disclosed by Ulrich in view of Glynn to be configured to move in the another direction by expansion of the return spring as taught by Faden.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/MARISSA TAYLOR/Examiner, Art Unit 3783 /BHISMA MEHTA/Supervisory Patent Examiner, Art Unit 3783