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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 5, 2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2 and 15-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 2, 15, and 18 recite a cam assembly, cam shaft, cam segment, a selector valve, and first and second cam lobes which are now incorporated into claim 1. As written, it is not clear if these are the same or different components. For purposes of examination, they are considered as the same components.
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.
Claim(s) 1, 2, 11, 15, 43, and 47 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abbott et al. (US 5,385,540).
With regard to claims 1, 2, and 15, Abbott teaches a medical pump system, comprising: a reservoir cartridge assembly, comprising: a first fluid source (Fig. 1 member 14), a second fluid source (Fig. 1 member 24), a reservoir selector assembly including a first selector valve assembly disposed in fluid communication with the first fluid source and second selector valve assembly disposed in fluid communication with the second fluid source (Fig. 2 valves 92 and 94 connected to 64 and 66), wherein the reservoir selector assembly is configured to be selectively actuated to controllably open one of the first selector valve assembly and the second selector valve assembly while closing the other (Col. 5 lines 51-52, Col. 7 lines 23-25, the valves are alternately opened and closed), a pump chamber assembly (Fig. 2 member 60) including: a pump chamber having an interior volume (Fig. 2 member 74), an inlet port in fluid communication with the reservoir selector assembly (Fig. 2 port connected to 88, line 70 connects the pump to the reservoir selector assembly portion 68), and an outlet port in fluid communication with the interior volume of the pump chamber and with an outlet conduit (Fig. 2 outlet of 74 connected to 78 which connects to outlet conduit 82); and an actuator assembly that is configured to be operatively and releasably coupled to the reservoir cartridge assembly, comprising: a pump chamber actuator, wherein the pump chamber actuator comprises a cam assembly including a cam shaft (Fig. 3 shaft 104) and a cam segment, the cam segment including a first cam lobe operatively coupled to the first selector valve assembly and a second cam lobe operatively coupled to the second selector valve assembly, wherein the first cam lobe and the second cam lobe are configured such that rotation of the cam segment opens one of the first selector valve assembly and the second selector valve assembly while closing the other (Fig. 3 110 and 108 are coupled to 92 and 94 to open and close the vales sequentially), a motor operatively coupled to the pump chamber actuator (Fig. 3 member 102), and a controller operatively coupled to the motor (Fig. 1 controller 46).
With regard to claim 11, see Fig. 5 the enclosure where the valves are present.
With regard to claim 43, Abbott et al. teach a reservoir cartridge assembly which is configured to be operatively and releasably coupled to an actuator assembly of a medical pump system, comprising: a reservoir base; a first fluid reservoir disposed on the reservoir base, a second fluid reservoir disposed on the reservoir base, (Fig. 1 first reservoir member 14, Fig. 1 second reservoir member 24, the reservoir are necessarily supported by a base) a reservoir selector assembly including a selector valve assembly, wherein the reservoir selector assembly is configured to be selectively actuated to controllably open and close the selector valve assembly, wherein the reservoir selector assembly is configured to be operatively coupled to a cam segment of an actuator assembly, the cam segment including a first cam lobe and a second cam lobe configured to be operatively coupled to a first selector valve and a second selector valve of the selector valve assembly respectively, and wherein the first cam lobe and the second cam lobe are configured such that rotation of the cam segment opens one of the first selector valve and the second selector valve while closing the other (Fig. 2 valves 92 and 94 connected to 64 and 66, Col. 5 lines 51-52, Col. 7 lines 23-25, the valves are alternately opened and closed, Fig. 3 110 and 108 are coupled to 92 and 94 to open and close the vales sequentially), a pump chamber assembly (Fig. 2 member 60) secured in fixed relation to the reservoir base including: a pump chamber having an interior volume which is at least partially bounded by a pump housing (Fig. 2 member 74), an inlet port in fluid communication with the first selector valve assembly of the reservoir selector assembly (Fig. 2 port connected to 88, line 70 connects the pump to the reservoir selector assembly portion 68), a resilient inlet membrane which is disposed adjacent the inlet port, which is spaced from the inlet port when in a relaxed state, and which is sufficiently distendable towards the inlet port to seal the inlet port in a compressed state (Fig. 2 at 88), an outlet port in fluid communication with the interior volume and with an outlet conduit (Fig. 2 outlet of 74 connected to 78 which connects to outlet conduit 82), a resilient outlet membrane which is disposed adjacent the outlet port, which is spaced from the outlet port when in a relaxed state, and which is sufficiently distendable towards the outlet port to seal the outlet port in a compressed state (Fig. 2 at 84), a displacement chamber disposed within the interior volume, a resilient displacement membrane which is disposed adjacent the displacement chamber, which forms at least a portion of a boundary of the displacement chamber, which is sufficiently inwardly distendable from a relaxed state to reduce the volume of the displacement chamber when in a compressed state, and which is sufficiently resilient to increase the volume of the displacement chamber when released from the compressed state (Fig. 4 membrane at 100).
With regard to claim 47, Abbott et al. teach an actuator assembly which is configured to be operatively and releasably coupled to a reservoir cartridge assembly of a medical pump system, comprising: an actuator chassis (Fig. 5 housing which would necesarily support actuator components); a controller disposed on the actuator chassis (Fig. 1 member 46, disposed on as part of the overall device); a cam assembly which is disposed on the actuator chassis and which includes an inlet cam lobe which is configured to be operatively coupled to a resilient inlet membrane (Fig. 3 112), an outlet cam lobe which is configured to be operatively coupled to a resilient outlet membrane (Fig. 3 84), a displacement cam lobe which is configured to be operatively coupled to a displacement membrane (Fig. 3 90), a vent cam lobe which is configured to be operatively coupled to a vent membrane (Fig. 3 86) and a cam segment which is configured to be operatively coupled to a selector valve assembly of a reservoir selector assembly, wherein the reservoir selector assembly is configured to be selectively actuated to controllably open and close the selector valve assembly, the cam segment including a first cam lobe and a second cam lobe configured to be operatively coupled to a first selector valve and a second selector valve of the selector valve assembly respectively, and wherein the first cam lobe and the second cam lobe are configured such that rotation of the cam segment opens one of the first selector valve and the second selector valve while closing the other (Fig. 2 valves 92 and 94 connected to 64 and 66, Col. 5 lines 51-52, Col. 7 lines 23-25, the valves are alternately opened and closed, Fig. 3 110 and 108 are coupled to 92 and 94 to open and close the vales sequentially), and a motor which is operatively coupled to the cam assembly and the controller (Fig. 3 member 102).
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(s) 3, 4, and 48 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abbott et al. (US 5,385,540) as applied to claims 1 and 47 above, and further in view of Ellingboe et al. (US 2002/0085952 A1).
With regard to claims 3 and 4, Abbott et al. teach a device substantially as claimed but do not teach a third fluid. However, Ellingboe et al. teach using a plurality of reservoirs connected to valves which may contain a plurality of crystalloid solutions or additional ingredients which may be mixed with blood to achieve the desired concentration ([0158], [0169], [0462], [0464]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to include an additional crystalloid solution with a corresponding fluid selector valve in Abbott et al. as Ellingboe et al. teach this is beneficial to achieve a desired concentration.
With regard to claim 48, Abbott et al. teach a device substantially as claimed but do not disclose a pressure sensor. However, Ellingboe et al. teach using aplkurality of sensors including a pressure sensor to monitor and control delivery ([0015]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to sue a pressure sensor in Abbott et la. as in Ellingboe et al. as this would aid in controlling delivery.
Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abbott et al. (US 5,385,540) and Ellingboe et al. (US 2002/0085952 A1) as applied to claim 3 above, and further in view of Duffy (US 4,767,415).
With regard to claims 5 and 6, Abbott et al. and Ellingboe et al. teach a device substantially as claimed but do not teach a third fluid source which is a source of filtered air. However, Ellingboe et al. teach reservoirs may be provided for priming the system ([0048]). Further, Duffy teaches providing an air barrier between substances to prevent mixing (Col. 6 lines 12, 13, and 23). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use an additional reservoir and selector for priming in Abbott et al. as in Ellingboe et al. as this is beneficial for preparing the circuit to treatment to a patient and further to use an additional reservoir and selector to deliver air to flush the system as Duffy teaches air is beneficial to prevent mixing of substances and would prevent mixing of substances between treatments. As this is used in a medical device it would further have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use a filter to provide filtered air so that air is sterile and does not contaminate the medication being delivered.
Claim(s) 7-10 and 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abbott et al. (US 5,385,540), Ellingboe et al. (US 2002/0085952 A1), and Duffy (US 4,767,415) as applied to claim 5 above, and further in view of Herskowitz (US 5,681,284).
With regard to claims 7-9 and 12-14, Abbott et al. teach a device substantially as claimed but does not disclose a rigid outer container or vent valve. In Abbott et al. the reservoirs are bags made of membranes. However, Herskowitz teaches placing IV bags in a rigid container for pumping fluid from the bags using an air volume which can vent to the atmosphere with a filter 48 and uses pressure sensing for control which allows for reliable fluid dispensing and prevents the spike from disconnecting from the bag during infusion (Fig. 5, abstract, Col. 5 lines 10-11 and 42-60, Col. 1 lines 55-64). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use a rigid housing with air venting and sensing in Abbott et al. to dispense fluid from the IV bags as in Herkowitz as this allows for reliable fluid dispensing and prevents the spike from disconnecting from the bag during infusion.
With regard to claim 10, as this is used in a medical device it would further have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use a filter to provide filtered air so that air is sterile and does not contaminate the medication being delivered.
Claim(s) 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abbott et al. (US 5,385,540) as applied to claim 15 above, and further in view of Ho et al. (US 2003/0214412 A1).
With regard to claims 16 and 17, Abbott et al. teach cams as claimed but do not teach a clutch. However, Ho et al. teach using a cam shaft which uses a clutch to couple cams on a cam shaft depending on the rotation direction to engage or disengage the cams (Figs. 13 and 14 cam shaft 260 pump cams 262 other cam 227 clutch 250 valve cam 253, [0040], [0044]). It would have been obvious to a person having ordinary skill in the art at the time the invention was made to use a clutch with the cam of Abbott et al. as in Ho et al. as this is effective for engagement and disengagement. Further, it would be obvious to equivalently use a spring clutch or ratchet as Applicant list these as various options without disclosing that such couplings provide an advantage, are used for a particular purpose, or solve a stated problem. One of ordinary skill in the art, furthermore, would have expected the Applicant's invention to perform equally well with the clutch of Ho et al. The substitution of one mechanism for another would yield the same predictable result.
With regard to claims 18 and 19, the tapered tip of the lobe is taken as a step (Fig. 5).
Claim(s) 20 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abbott et al. (US 5,385,540) as applied to claim 2 above, and further in view of Boit et al. (US 2012/0101451 A1).
With regard to claims 20 and 21, Abbott et al. teach a device substantially as claimed. Abbott et al. do not disclose flags and an optical reader. However, Boit et al. teach using a flag on clutch components to be detected by an optical reader to determine position ([0090]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use a flag and optical reader with the cam shaft and segment in Abbott et al. as Boit et al. teach this is beneficial for determining position.
Claim(s) 44-46 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abbott et al. (US 5,385,540) as applied to claim 43 above, and further in view of Herskowitz (US 5,681,284).
With regard to claim 44, Abbott et al. teach a device substantially as claimed but does not disclose a rigid outer container or vent valve. In Abbott et al. the reservoirs are bags made of membranes. However, Herskowitz teaches placing IV bags in a rigid container for pumping fluid from the bags using an air volume which can vent to the atmosphere with a filter 48 and uses pressure sensing for control which allows for reliable fluid dispensing and prevents the spike from disconnecting from the bag during infusion (Fig. 5, abstract, Col. 5 lines 10-11 and 42-60, Col. 1 lines 55-64). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use a rigid housing with air venting and sensing in Abbott et al. to dispense fluid from the IV bags as in Herskowitz as this allows for reliable fluid dispensing and prevents the spike from disconnecting from the bag during infusion.
With regard to claim 45 and 46, Abbott et al. tach the device has a motor and a controller but does not explicitly disclose a power source. However, Herskowitz teach batteries are suitable power sources (Col. 3 liens 40-41). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use a battery in Abbott et al. as Herskowitz teach such is an art effective power source which would yield the same predictable result.
Claim(s) 31-35, 49, and 50 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abbott et al. (US 5,385,540) in view of Ellingboe et al. (US 2002/0085952 A1) and Duffy (US 4,767,415).
With regard to claims 31-35, Abbott et al. teach a method of delivering multiple fluids to a patient from a medical pump system, comprising: pumping a first liquid from a first fluid source of the medical pump system into an outlet conduit and to the patient (Fig. 2 fluid travels from fluid 1 through 74 to fluid out) ceasing pumping of the first liquid using a reservoir selector assembly that is configured to be selectively actuated to controllably open and close a first selector valve assembly and a third selector valve assembly, wherein the reservoir selector assembly includes a cam segment having a first cam lobe, and a third cam lobe operatively coupled to the first selector valve assembly, and the third selector valve assembly respectively, and wherein the cam lobes are configured such that rotation of the cam segment opens one of the first selector valve assembly, and the third selector valve assembly while closing the others (Fig. 2 valves 92 and 94 connected to 64 and 66, Col. 5 lines 51-52, Col. 7 lines 23-25, the valves are alternately opened and closed, Fig. 3 lobes 110 and 108 are coupled to 92 and 94 to open and close the vales sequentially), and pumping a third liquid from a third fluid source into the outlet conduit and to the patient (Col. 5 lines 51-52, Col. 7 lines 23-25, the valves are alternately opened and closed, fluid travels from fluid 2 through 74 to the outlet). Abbott et al. do not teach another selector valve and a gas. However, Ellingboe et al. teach reservoirs may be provided for priming the system ([0048]). Further, Duffy teaches providing an air barrier between substances to prevent mixing (Col. 6 lines 12, 13, and 23). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use an additional reservoir and selector for priming in Abbott et al. as in Ellingboe et al. as this is beneficial for preparing the circuit to treatment to a patient and further to use an additional reservoir and selector to deliver air to flush the system as Duffy teaches air is beneficial to prevent mixing of substances and would prevent mixing of substances between treatments. As this is used in a medical device it would further have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use a filter to provide filtered/sterilized air so that air is sterile and does not contaminate the medication being delivered. As combined the first fluid can be considered as the priming fluid and a meniscus would be formed at the boundary.
With regard to claim 49, Abbott et al. teach a medical pump system, comprising: a reservoir cartridge assembly, comprising: a first fluid reservoir, a second fluid reservoir (Fig. 1 first reservoir member 14, Fig. 1 second reservoir member 24), a reservoir selector assembly in selective fluid communication with the first fluid reservoir, the second fluid reservoir wherein the reservoir selector assembly is configured to be selectively actuated to controllably establish fluid communication with one of the first fluid reservoir, the second fluid reservoir, while closing fluid communication with the others, and a pump chamber assembly in fluid communication with the reservoir selector assembly (Fig. 2 valves 92 and 94 connected to 64 and 66, Col. 5 lines 51-52, Col. 7 lines 23-25, the valves are alternately opened and closed); and an actuator assembly that is configured to be operatively coupled to the reservoir cartridge assembly, comprising: a cam assembly which is operatively coupled to the pump chamber assembly and a cam segment which is operatively coupled to the reservoir selector assembly, the cam segment including a first cam lobe, a second cam lobe, operatively coupled to a first selector valve assembly, a second selector valve assembly, wherein the first selector valve assembly is in fluid communication with the first fluid reservoir, the second selector valve assembly is in fluid communication with the second fluid reservoir, and wherein the cam lobes are configured such that rotation of the cam segment opens one of the first selector valve assembly, the second selector valve assembly, while closing the others (Fig. 3 shaft 104, lobes 110 and 108 are coupled to 92 and 94 to open and close the vales sequentially), a motor operatively coupled to the cam assembly (Fig. 3 member 102), , and a controller operatively coupled to the motor (Fig. 1 controller 46). Abbott et al. do not teach another selector valve, cam, and a gas. However, Ellingboe et al. teach reservoirs may be provided for priming the system ([0048]). Further, Duffy teaches providing an air barrier between substances to prevent mixing (Col. 6 lines 12, 13, and 23). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use an additional reservoir and selector for priming in Abbott et al. as in Ellingboe et al. as this is beneficial for preparing the circuit to treatment to a patient and further to use an additional reservoir and selector to deliver air to flush the system as Duffy teaches air is beneficial to prevent mixing of substances and would prevent mixing of substances between treatments. As this is used in a medical device it would further have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use a filter to provide filtered/sterilized air so that air is sterile and does not contaminate the medication being delivered.
With regard to claim 50, Abbott et al. teach a reservoir cartridge assembly which is configured to be operatively coupled to an actuator assembly of a medical pump system, comprising: a first fluid reservoir; a second fluid reservoir (Fig. 1 first reservoir member 14, Fig. 1 second reservoir member 24); a reservoir selector assembly in selective fluid communication with the first fluid reservoir, the second fluid reservoir, the reservoir selector assembly further including a selector valve assembly (Fig. 2 valves 92 and 94 connected to 64 and 66, Col. 5 lines 51-52, Col. 7 lines 23-25, the valves are alternately opened and closed), wherein the reservoir selector assembly is configured to be operatively coupled to a cam segment of an actuator assembly, the cam segment including a first cam lobe, a second cam lobe, configured to be operatively coupled to a first selector valve, a second selector valve, of the selector valve assembly respectively, wherein the first selector valve is in fluid communication with the first fluid reservoir, the second selector valve is in fluid communication with the second fluid reservoir, and wherein the cam lobes are configured such that rotation of the cam segment opens one of the first selector valve, the second selector valve, while closing the others, wherein the reservoir selector assembly is configured to be selectively actuated to controllably establish fluid communication with one of the first fluid reservoir, the second fluid reservoir, while closing fluid communication with the others (Fig. 3 shaft 104, lobes 110 and 108 are coupled to 92 and 94 to open and close the vales sequentially); and a pump chamber assembly in fluid communication with the reservoir selector assembly (Fig. 2 member 60). Abbott et al. do not teach another selector valve, cam, and a gas. However, Ellingboe et al. teach reservoirs may be provided for priming the system ([0048]). Further, Duffy teaches providing an air barrier between substances to prevent mixing (Col. 6 lines 12, 13, and 23). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use an additional reservoir and selector for priming in Abbott et al. as in Ellingboe et al. as this is beneficial for preparing the circuit to treatment to a patient and further to use an additional reservoir and selector to deliver air to flush the system as Duffy teaches air is beneficial to prevent mixing of substances and would prevent mixing of substances between treatments. As this is used in a medical device it would further have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use a filter to provide filtered/sterilized air so that air is sterile and does not contaminate the medication being delivered.
Allowable Subject Matter
Claims 22-30 and 36-42 are allowed.
The following is an examiner’s statement of reasons for allowance: Regarding claim 22 the prior art of record does not teach or otherwise render obvious in combination with all claim limitations a method of delivering multiple fluids comprising actuating a pump chamber assembly with a cam shaft of a cam assembly by rotating the cam shaft in a pumping direction , reversing the rotation of the cam shaft from the pumping direction to a valve selection direction, rotating a cam segment of the cam assembly in the valve selection direction with a one way coupling disposed between and operatively coupling the cam shaft to the cam segment, wherein the cam segment includes a first cam lobe operatively coupled to the first valve assembly and a second cam lobe operatively coupled to the second valve assembly, and wherein the first cam lobe and the second cam lobe are configured such that rotation of the cam segment in the valve selection direction closes the first valve assembly while opening the second valve assembly, and reversing the rotation of the cam shaft from the valve selection direction to the pumping direction and pumping a second fluid.
Similarly claim 23 recites similar methods steps with the addition of a third valve assembly and third fluid source.
Regarding claim 36 the prior art of record does not teach or otherwise render obvious in combination with all claim limitations a medical pump system, comprising: a displacement chamber disposed within the interior volume, a resilient displacement membrane which is disposed adjacent the displacement chamber, which forms at least a portion of a boundary of the displacement chamber, which is sufficiently inwardly distendable from a relaxed state to reduce the volume of the displacement chamber when in a compressed state, and which is sufficiently resilient to rebound and increase the volume of the displacement chamber when released from the compressed state, an actuator assembly that is configured to be operatively and releasably coupled to the reservoir cartridge assembly, comprising: a cam assembly including a cam shaft comprising an inlet cam lobe which is operatively coupled to a resilient inlet membrane, an outlet cam lobe which is operatively coupled to a resilient outlet membrane, and a displacement cam lobe which is operatively coupled to a displacement membrane, and a cam segment which is operatively coupled to a reservoir selector assembly, the cam segment including a first cam lobe and a second cam lobe, wherein the first cam lobe is operatively coupled to a first selector valve assembly of the reservoir selector assembly and the second cam lobe is operatively coupled to a second selector valve assembly of the reservoir selector assembly, and wherein the first cam lobe and the second cam lobe are configured such that rotation of the cam segment opens fluid communication with one of the first fluid reservoir and the second fluid reservoir while closing fluid communication with the other.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments with respect to the 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY L SCHMIDT whose telephone number is (571)270-3648. The examiner can normally be reached Monday through Thursday 7:00 AM to 4:30 PM.
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/EMILY L SCHMIDT/Primary Examiner, Art Unit 3783
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