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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 January 28th 2026 has been entered.
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.
Claim(s) 1-2, 4, 6-9, and 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zong (CN 2699909 Y), in view of Schroeder (US 20060261086 A1), and further evidenced by Bastion (US 5676279 A).
Regarding claims 1 and 21-22, Zong discloses an intravenous (IV) bag wringer (liquid pressing device 3 for pressing liquid out from a medicine liquid bag 1, see abstract and Fig. 1-2), comprising: a plurality of roller assemblies (the liquid pressing device 3 having a parallel double rolling wheel structure, abstract and Fig. 1-2), each roller assembly comprising: a shaft (a shaft seen connecting each roller to brackets in Fig. 2); and a roller coupled to the shaft (each roller being coupled to its respective shaft, see Fig. 2), wherein two opposing rollers are positioned to receive an IV fluid bag in a gap between the rollers such that the IV bag wringer hangs on the IV fluid bag (“The center distance between the two rolling wheels can be adjusted. When the liquid pressing device which is sheathed outside the medicinal liquid bag presses the medicinal liquid in the bag of the lower side of the liquid pressing device by gravity, the medicinal liquid in the medicinal liquid bag can be injected…”, abstract and Fig. 1-2; the center distance between the two rolling wheels is being interpreted as the gap), and wherein the IV bag wringer is configured to move downward along the IV fluid bag based on a weight of the IV bag wringer such that the opposing rollers squeeze fluid out of the IV fluid bag at a rate greater than a gravity flow rate from the IV fluid bag alone (“When the liquid pressing device which is sheathed outside the medicinal liquid bag presses the medicinal liquid in the bag of the lower side of the liquid pressing device by gravity, the medicinal liquid in the medicinal liquid bag can be injected…”, see abstract & Fig. 1-2; “Under the homeostatic process of hydraulic device (3), medicinal liquid is injected in the patient body constant speed”, see abstract and “The specific embodiment” section on page 2; device 3 inherently having a weight which is pulled downward by gravity, the liquid pressing device inherently applying pressure to bag 1 to squeeze fluid out of bag 1 at a greater rate than the rate at which fluid would flow from bag 1 with gravity alone).
However, Zong fails to explicitly disclose the IV bag wringer comprising: a frame defining a frame opening; a plurality of roller assemblies disposed within the frame opening, each roller assembly comprising: a shaft coupled to a central portion of the frame; and one or more weights coupled to an end portion of the frame separate from the central portion of the frame, a first weight of the one or more weights is coupled to a first end portion of the frame and a second weight of the one or more weights is coupled to a second end portion of the frame with the central portion of the frame disposed therebetween, wherein the one or more weights do not contact any portion of the plurality of roller assemblies, wherein a total amount of weight of the one or more weights is configured to obtain a determined fluid flow rate from the IV fluid bag.
However, Schroeder teaches a fluid bag wringer (bracket 720 and rollers 705 and 710 of evacuation unit 700, [0120] & Fig. 15a-15c; package 210 containing liquid, see [0003] and [0005]) comprising: a frame defining a frame opening (roller bracket 720 defining an opening, [0120] & Fig. 15a-15c); and a plurality of roller assemblies disposed within the frame opening (rollers 705 and 710 mounted inside bracket 720, Fig. 15c), each roller assembly comprising: a shaft coupled to a central portion of the frame (each roller 705 and 710 seen having shafts, Fig. 15a-15c; shafts seen coupled to a central portion of bracket 720, annotated below as “Central Portion” in annotated Fig. 15a, and see [0120]-[0121] Fig. 15c); and
one or more weights coupled to an end portion of the frame separate from the central portion of the frame, wherein a first weight of the one or more weights is coupled to a first end portion of the frame and a second weight of the one or more weights is coupled to a second end portion of the frame with the central portion of the frame disposed therebetween (the sides of bracket 720, a first side of bracket 720 annotated below as “First End Portion” in Fig. 15a, are being interpreted as an end portion of bracket 720, see Fig. 15a-15c; the second side, opposite to the “First End Portion”, of bracket 720 is being interpreted as a second end portion, see Fig. 15a-15c; the “Central Portion” is positioned between the ”First End Portion” and the second end portion, see annotated Fig. 15a below and Fig. 15b-15c; the sides of bracket 720 necessarily have a weight, the weight of the sides of bracket 720, or any part of the sides of bracket 720 adding to the total weight of the sides of bracket 720, are being interpreted as the one or more weights), wherein
the one or more weights do not contact any portion of the plurality of roller assemblies (as seen in Fig. 15c, no part of the sides of bracket 720 contact rollers 705 and 710), and
a roller coupled to the shaft (rollers 705 and 710 seen coupled to their respective shafts, Fig. 15c), wherein two opposing rollers are positioned to receive a fluid bag in a gap between the rollers such that the bag wringer hangs on the fluid bag (“The product package 210 hangs from the upper end 729 of the carrier frame 715 and the two rollers are lowered down such that gravitational forces pull the rollers and the roller frame 720 downward against the product package 210”, [0121] & Fig. 15c; there being a gap between the rollers to allow package 210 to pass through, [0120]), and
wherein the fluid bag wringer is configured to move downward along the fluid bag based on a weight of the fluid bag wringer such that the opposing rollers squeeze fluid out of the fluid bag at a rate greater than a gravity flow rate from the fluid bag alone, wherein a total amount of weight of the one or more weights is configured to obtain a determined fluid flow rate from the IV fluid bag (“Control of the double roller evacuation unit 700 may be through the use of weighted rollers, wherein the weight of the roller pair is able to move the product to the lower portions of the product package 210”, [0122] & Fig. 15c; see [0121]-[0122]; the weighted rollers and roller bracket 720 are pulled downward by gravitational forces creating pressure against package 210 to dispense the contents of package 210, the weighted rollers 705/710 and bracket 720 inherently providing a dispensing rate greater than gravity would alone; the total weight of the sides of bracket 720 of Schroeder directly influences the fluid flow rate, as further evidenced by Bastion, which teaches a dual roller 52 pressure delivery structure 50, which includes support members 54, (similar to frame 720 of Schroeder), configured to transcend downward by the force of gravity acting upon the mass of the assembly of the roller members 52 and the roller side support member 54, see all of Col 5 first paragraph & Fig. 5-6 of Bastion).
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the IV bag wringer of Zong with Schroeder, as evidenced by Bastion, to include a frame defining a frame opening, and a plurality of roller assemblies disposed within the frame opening, each roller assembly comprising a shaft coupled to the frame,
one or more weights coupled to an end portion of the frame separate from the central portion of the frame, wherein a first weight of the one or more weights is coupled to a first end portion of the frame and a second weight of the one or more weights is coupled to a second end portion of the frame with the central portion of the frame disposed therebetween, wherein the one or more weights do not contact any portion of the plurality of roller assemblies, wherein a total amount of weight of the one or more weights is configured to obtain a determined fluid flow rate from the IV fluid bag,
since such a modification would provide structure to ensure a higher percentage of evacuated product from the IV bag and help the rollers to produce sufficient force against the bag and yield predictable results pertaining to fluid dispensing and flow control (see [0009] and [0121] of Schroeder and Col 5 first paragraph of Bastion). As modified, evacuation unit 700 of Schroeder would be used with the parallel double rolling wheels of Zong to dispense fluid from medicine fluid bag 1 of Zong. The parallel double rolling wheels of Zong being synonymous in structure and function to rollers 705 and 710 of Schroeder. As combined, the IV bag wringer comprises the parallel dual rolling wheels of Zong and bracket 720 of Schroeder.
PNG
media_image1.png
760
558
media_image1.png
Greyscale
Regarding claim 2, Zong, as modified, discloses all the limitations of claim 1. Zong, as modified, further discloses the IV bag wringer wherein each roller assembly comprises: a first shaft end fixedly disposed within a first cavity in the frame; and a second shaft end fixedly disposed within a second cavity in the frame (as seen in Fig. 15a, the shaft ends extend into bracket 720; each shaft end of each roller would extend into bracket 720; the shaft ends are being interpreted as fixedly disposed into cavities provided on frame 720 to facilitate their connection), wherein the roller is rotatably coupled to the shaft (double rolling wheels of Zong inherently rotatably coupled to their respective shafts, Fig. 1-2 of Zong).
Regarding claim 4, Zong, as modified, discloses all the limitations of claim 1. Zong, as modified, further discloses the IV bag wringer wherein at least one roller assembly is adjustably coupled to the frame, the adjustably coupled roller assembly configured to adjust a size of the gap between the opposing rollers based on an adjusted position (“The center distance between the two rolling wheels can be adjusted”, see abstract & Fig. 1-2 of Zong; Schroeder also teaches “The first and second rollers 705 and 710 may have provisions to allow for fluctuations in product particle sizes, such as slight travel away from each other or spring loaded rollers”, [0120] & Fig. 15c; the rollers are adjustably coupled to bracket 720 to allow for fluctuations, which would adjust the size of the gap between the rollers based on an adjusted position).
Regarding claim 6, Zong, as modified, discloses all the limitations of claim 1. Zong, as modified, further discloses the IV bag wringer wherein the one or more weights are integrally formed with the frame (the sides of bracket 720 are integrally formed with the remainder of bracket 720, see [0120] & Fig. 15a-15c of Schroeder).
However, the Applicant is advised that patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process MPEP 2113. The limitation of “integrally formed” is considered to be a product-by-process limitation. A product-by-process limitation adds no patentable distinction to the claim, and is unpatentable if the claimed product is the same as a product of the prior art.
Regarding claim 7, Zong, as modified, discloses all the limitations of claim 1. Zong, as modified, further discloses the IV bag wringer wherein the one or more weights are fixedly coupled to the frame (the sides of bracket 720 may be interpreted as fixedly coupled to the remainder of bracket 720, [0120] & Fig. 15a-15c of Schroeder).
However, the Applicant is advised that patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process MPEP 2113. The limitation of “are fixedly coupled to” is considered to be a product-by-process limitation. A product-by-process limitation adds no patentable distinction to the claim, and is unpatentable if the claimed product is the same as a product of the prior art.
Regarding claim 8, Zong, as modified, discloses all the limitations of claim 1. Zong, as modified, further discloses the IV bag wringer wherein the one or more weights are removably coupled to the frame (the sides of bracket 720 may be interpreted as removably coupled to the remainder of bracket 720 as one of ordinary skill in the art could separate bracket 720 into pieces or remove the sides of bracket 720).
However, the Applicant is advised that patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process MPEP 2113. The limitation of “are removably coupled to” is considered to be a product-by-process limitation. A product-by-process limitation adds no patentable distinction to the claim, and is unpatentable if the claimed product is the same as a product of the prior art.
Regarding claim 9, Zong, as modified, discloses all the limitations of claim 1. Zong, as modified, further discloses the IV bag wringer further comprising a restraining member configured to hold the IV bag wringer in an unactuated state relative to the IV fluid bag (frame track 725 restricts bracket 720 to only vertical motion, [0120]; the track 725 holding bracket 720 and the rollers until they are lowered to begin the dispensing process, [0120]-[0121]).
Claim 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zong (CN 2699909 Y), in view of Schroeder (US 20060261086 A1), evidenced by Bastion (US 5676279 A), and further in view of Bastion (US 5676279 A).
Regarding claim 3, Zong, as modified, discloses all the limitations of claim 1. Zong, as modified, further discloses the IV bag wringer wherein each roller assembly comprises: a first shaft end disposed within a first cavity in the frame; and a second shaft end disposed within a second cavity in the frame (as seen in Fig. 15a, the shaft ends extend into bracket 720; each shaft end of each roller would extend into bracket 720; the shaft ends are being interpreted as fixedly disposed into cavities provided on frame 720 to facilitate their connection).
However, Zong fails to explicitly disclose the IV bag wringer wherein each roller assembly comprises: a first shaft end rotatably disposed within a first cavity in the frame; and a second shaft end rotatably disposed within a second cavity in the frame, wherein the roller is fixedly coupled to the shaft.
However, Bastion teaches a bag wringer (a dispensing system for a tube 12, Col 3 lines 59-67 & Fig. 5-6) wherein each roller assembly (two circular roller members 52, Fig. 5-6) comprises: a first shaft end rotatably disposed within a first cavity in the frame (left axle member 58 disposed in roller support aperture 56 on left support plate 54, see Col 4 lines 46-52 & Fig 6; the two support plates 54 are being interpreted as the frame; “each said roller member having opposed ends with each end being mounted on a said side support plate in a manner permitting free rotation of said roller member”, see claim 1); and a second shaft end rotatably disposed within a second cavity in the frame (right axle member 58 disposed in roller support aperture 56 on right support plate 54, see Col 4 lines 46-52 & Fig 6; “each said roller member having opposed ends with each end being mounted on a said side support plate in a manner permitting free rotation of said roller member”, see claim 1), wherein the roller is fixedly coupled to the shaft (roller members 52 fixedly coupled to axle members 58, see Col 4 lines 45-53 & seen in Fig 6).
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the IV bag wringer of Zong, as modified, with Bastion to include a first shaft end rotatably disposed within a first cavity in the frame, and a second shaft end rotatably disposed within a second cavity in the frame, wherein the roller is fixedly coupled to the shaft since such a modification would provide structure to support the rollers during operation and prevent undesired displacement of the rollers (see Col 4 lines 42-53 and claim 1 of Bastion).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zong (CN 2699909 Y), in view of Schroeder (US 20060261086 A1), and further evidenced by Bastion (US 5676279 A).
Regarding claim 18, Zong discloses a method (see “The specific embodiment” section of Zong on page 2) of operating the IV bag wringer of claim 1 (see the rejection of claim 1 above), the method comprising: coupling an IV set to an IV fluid bag (plug 2, infusion tube 4, collector 5, regulator 6, and needle 7 coupled to medicine bag 1, see “The specific embodiment” section of Zong on page 2 & Fig. 1-2); hanging the IV fluid bag (medicine bag 1 having a hole for hanging, see “The specific embodiment” section on page 2 of Zong; per the modification, medicine bag 1 can be hung like package 210 of Schroeder to an upper end 729 of frame 715, [0121] & Fig. 15a-15c of Schroeder); setting a gravity based fluid flow rate of fluid from the IV fluid bag through the IV set (“In second step, adopt conventional method to pass plug (2) medicinal liquid is imported transfusion catheter (4), and the medicinal liquid in the assurance medicinal fluid bag (1) can be discharged via liquid trap (5), liquid flowing regulator (6) and injection needle (7) under the effect of certain pressure”, see “The specific embodiment” section of Zong on page 2 & Fig. 1-2; the fluid flowing by the force of gravity alone which is being interpreted as setting a gravity based fluid flow rate); disposing a top portion of the IV fluid bag within the gap between the two opposing rollers of the IV bag wringer (top of medicine bag 1 disposed in the gap between the parallel dual rollers; see “The specific embodiment” section of Zong on page 2 & Fig. 1-2);
hanging the IV bag wringer from the IV fluid bag (as combined, the parallel dual rollers and bracket 720 are being interpreted as hanging from medicine liquid bag 1, see Fig. 1-2 of Zong and [0121] & Fig. 15a-15c of Schroeder); releasing the IV bag wringer such that a weight of the IV bag wringer moves the two opposing rollers downward along the IV fluid bag at a first speed (“Under the homeostatic process of hydraulic device (3), medicinal liquid is injected in the patient body constant speed”, see “The specific embodiment” section of Zong on page 2 & Fig. 1-2 of and [0121] & Fig. 15a-15c of Schroeder; the speed at which the rollers move downward is being interpreted as the first speed); and
squeezing the IV fluid bag between the two opposing rollers to cause an increased fluid flow rate from the IV fluid bag corresponding to the first speed (see abstract and Fig. 2 of Zong and [0122] & Fig. 15c of Schroeder; the weight of the rollers inherently creating an increased fluid flow rate compared to the fluid flow rate from gravity alone).
Response to Arguments
Applicant’s arguments with respect to independent claim 1 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 MARTIN ADAM RADOMSKI whose telephone number is (571)272-2703. The examiner can normally be reached Monday-Friday: 7:30-4:30 CT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Sirmons can be reached at (571) 272-4965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARTIN A RADOMSKI/Examiner, Art Unit 3783 /EMILY L SCHMIDT/Primary Examiner, Art Unit 3783
Prosecution Insights