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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 June 2nd, 2026 has been entered.
Response to Arguments
Applicant’s arguments, see Remarks, under “Claim Rejections – 35 U.S.C. § 103”, on pages 6-9, filed on 4/24/2026, with respect to the rejection(s) of claim(s) 10-13 and 15-20 under 35 USC § 103 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 Therefore, the rejection has been withdrawn.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 newly found prior art reference that reject the amendments made when combined with previous prior art, Ulrich.
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 Brady et al. (US Pub No. 20220168498 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 wherein each finger grip defines an opening configured to receive a finger of the user through the opening of each finger grip.
Brady teaches finger grips (332 – Fig.3) extending from opposing sides of an outer wall (302 – Fig.3) of a single-hand device (300 – Fig.3) wherein each finger grip defines an opening (Fig.3) configured to receive a finger of the user through the opening of each finger grip (“Two finger rings or tabs receive the fingers of a user during use” – Para [0044]).
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 Brady since Brady teaches that having grips on the opposing sides of the device provides a location for the user’s fingers to grip the device, providing improved user grip and control during use.
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 piston 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 wherein each finger grip defines an opening configured to receive a finger of the user through the opening of each finger grip.
Brady teaches finger grips (332 – Fig.3) extending from opposing sides of an outer wall (302 – Fig.3) of a single-hand device (300 – Fig.3) wherein each finger grip defines an opening (Fig.3) configured to receive a finger of the user through the opening of each finger grip (“Two finger rings or tabs receive the fingers of a user during use” – Para [0044]).
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 Brady since Brady teaches that having grips on the opposing sides of the device provides a location for the user’s fingers to grip the device, providing improved user grip and control during use.
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 Brady as applied in claim 10 above, and further in view of Faden (US Pub No. 20190046784 A1).
Regarding claim 13, Ulrich in view of Brady 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 Brady 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 Brady 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 Brady 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 Brady 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 Brady to be configured to move in the another direction by expansion of the return spring as taught by Faden.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Marissa Taylor whose telephone number is (571)272-3542. The examiner can normally be reached Monday-Thursday 6:30am-3:30pm EST.
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/MARISSA TAYLOR/Examiner, Art Unit 3783
/MICHAEL J TSAI/Supervisory Patent Examiner, Art Unit 3783
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