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 and Request for Continued Examination (RCE) filed on 05/06/26 have been entered in the case. Claims 1-18 are pending for examination.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 16 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The limitation “wherein the gripping portion is located ... vertically between the top side and the bottom side when the carrying handle is in the storage position” in claim 16 is failing to comply with the written description requirement. The Fig. 2 shows that the gripping portion of the carrying handle 18 is located horizontally between the top side and the bottom side when the carrying handle is in the storage position.
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 9 & 18 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.
The limitation “a deadbolt drive” is vague. It is unclear to Examiner that which element is being referred to “a deadbolt drive”. Does Applicant mean “a deadbolt” #58 (as shown in Fig. 5) being referred to the claimed “deadbolt drive”?
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.
I) Prior art Jiang et al. in view of Schenker (US 2009/0114653)
Claims 1-6, 10-11, 14 & 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang et al. (US 10,888,656) in view of Schenker (US 2009/0114653).
Regarding claim 1, Jiang discloses a medical fluid pump in Fig. 1 comprising:
a housing 1, see marked-up Fig. 1 below, comprising: a front side, a rear side spaced from and opposite the front side, a first side surface extending between the front side to the rear side, a second side surface spaced from and opposite the first side surface and extending the front side to the rear side, a top side extending between the front side, the rear side, the first side surface and the second side surface, and a bottom side surface from and opposite the top side and extending between the front side, the rear side, the first side surface and the second side surface;
a number of electrical and mechanical components, e.g., motor, gear…, integrated with the housing 1 which collectively perform all intended functions of the medical fluid pump,
wherein the number of electrical and mechanical components within the housing are positioned with respect to
the housing such that a center of gravity of the medical fluid pump is substantially below the carrying handle in a carrying position (as modified by Schenker below);
wherein number of electrical and mechanical components within the housing are positioned with respect to the housing such that a combined center of gravity of the housing and the number of electrical and mechanical components is substantially below the gripping portion (as modified by Lesquir below) when the carrying handle is in the in a carrying position.
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Jiang does not disclose that a carrying handle pivotably hinged to the housing and pivotable about a pivot axis extending from the first side surface to the second side surface, from a storage position to a carrying position, wherein the carrying handle comprises: a first portion extending from a first housing pivot point located on the pivot axis, a second portion extending from a housing second pivot point located on the pivot axis, and a gripping portion offset from the pivot axis and extending between the first portion and the second portion, wherein the gripping portion is arranged above and spaced from the top side when the carrying handle is in the carrying position and located adjacent to the rear side when the carrying handle is in the storage position, and wherein the housing comprises a first recess configured to receive the first portion of the carrying handle flush with the first side surface when the carrying handle is in the storage position, and a second recess configured to receive the second portion of the carrying handle flush with the second side surface when the carrying handle is in the storage position.
Schenker discloses a storage container 10 comprising a housing 12 & 14 comprising:
a front side 22;
a rear side (opposite side to the front side 22);
a first side surface 28;
a second side surface (opposite the first side surface 28); a top side 68; a bottom side 36;
a carrying handle 20 comprises: a first portion extending from a first housing pivot point 74 located on the pivot axis; a second portion extending from a housing second pivot point 74 (opposite side of the first pivot point 74) located on the pivot axis, and
a gripping portion (a middle portion of the handle 20) offset from the pivot axis and extending between the first portion and the second portion, wherein the gripping portion is arranged above and spaced from the top side when the carrying handle is in the carrying position (Fig. 6) and located adjacent to the rear side when the carrying handle is in the storage position (Fig. 1), and wherein the housing comprises a first recess (wherein the pivot roller 74 inserts therein, see Fig. 2) configured to receive the first portion of the carrying handle flush with the first side surface when the carrying handle is in the storage position, (see Fig. 1), and a second recess (wherein another pivot roller 74 inserts therein, in opposite side of the first pivot roller 74, see Fig. 3) configured to receive the second portion of the carrying handle flush with the second side surface when the carrying handle is in the storage position; a number of components within the housing are positioned with respect to the housing such that a combined center of gravity of the housing and the number of components is substantially below the gripping portion when the carrying handle is in the in a carrying position.
Since Jiang and Schenker are both from the same field of endeavor, i.e., storage container, the purpose disclosed by Schenker would have been recognized in the pertinent art of Schenker.
It would have been obvious to one of ordinary skill in the art, prior to the effective filling date of the claimed invention to modify the device of Jiang with providing a carrying handle, as taught by Schenker, in order to provide a convenient structure for a person to grasp, manipulate, and move the medical fluid pump.
Thus, Jiang in view of Schenker discloses the limitation that: wherein number of electrical and mechanical components within the housing are positioned with respect to the housing such that a combined center of gravity of the housing and the number of electrical and mechanical components is substantially below the gripping portion when the carrying handle is in the in a carrying position.
Note: the disadvantage in the Jiang’s pump container/housing does not include a carrying handle. Without having carrying handle, the container is difficult to carry around due to its weight. A person skilled in the art would recognize that a carrying handle on a container improves ergonomics, portability, functional control and allows for effortless transport from place to place. The handle also distributes weight evenly to prevent dropping or spilling contents. Meanwhile, Schenker discloses a container with a carrying handle, as required in the claimed invention. The carrying handle in Schenker compensates the missing feature, i.e., carrying handle in Jiang. Therefore, a person skilled in the art would recognize that modifying the device in Jiang with including a carrying handle, as suggested by Schenker, to provide benefits of distributing weight evenly to prevent dropping or spilling contents and improving ergonomics, portability, functional control and allows for effortless transport from place to place.
Regarding claim 2, Jiang in view of Schenker discloses all claimed subject matter as required. Jiang discloses that a driving motor and a clutch driving assembly are both electrically connected to the control system to operate under the control of the control system, col. 4, lines 43-45. Therefore, Jiang (or Jiang in view of Schenker) discloses that the number of electrical and mechanical components is inherently to include at least an energy storage device and/or a power adaptor.
Regarding claim 3, Jiang in view of Schenker discloses all claimed subject matter as required. Jiang discloses that wherein the number of electrical and mechanical components include at least a drive train 210, or 23 and/or a motor 22.
Regarding claim 4, Jiang in view of Schenker discloses all claimed subject matter as required. Jiang discloses that wherein the housing comprises a first longitudinal half extending between the pivot axis and the front side, and a second longitudinal half extending between the pivot axis and the rear side;
the number of electrical and mechanical components comprises a first assembly (drive train 23, guide rod 210, connecting rod 31) of the number of electrical and mechanical components located in the first longitudinal half and a second assembly (motor 22, …) of the number of electrical and mechanical components located in the second longitudinal half of the housing;
a respective gravitation weight of the first assembly of the number of electrical and mechanical components and a respective gravitational weight of the second assembly of the number of electrical and mechanical components are arranged to balance the housing and number of electrical and mechanical components with respect to the pivot axis.
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Regarding claim 5, Jiang in view of Schenker discloses all claimed subject matter as required. Jiang discloses that the housing comprises a first transverse half extending along the pivot axis from the first side surface toa middle point between the first side surface and the second side surface, and a second transverse half extending along the pivot axis from the second side surface to the middle point between the first side surface and the second side surface; and the number of electrical and mechanical components comprises a drive head 32 integrated with the housing at the second transverse half outside on the second side surface and configured to move linearly along the pivot axis relative to the housing via a drive arm 31 extending through the second side surface into the housing.
Jiang discloses that a motor 22 is located in the second transverse half. Meanwhile, the claimed invention requires that the motor is located in first half of the housing. A person skilled in the art would recognize that the motor can be located in the first half of the housing, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 6, Jiang in view of Schenker discloses all claimed subject matter as required. Jiang discloses the syringe pump is an electric pump. A person skilled in the art would recognize that Jiang (or Jiang in view of Schenker) is include an energy storage device (battery) and located substantially at a combined center of gravity for balance the weight of the syringe pump and that considered as rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 10, Jiang in view of Schenker discloses all claimed subject matter as required. Jiang discloses that the medical fluid pump is a syringe or infusion pump.
Regarding claim 11, Jiang in view of Schenker discloses all claimed subject matter as required. Jiang discloses that the first assembly of the number of electrical and mechanical components comprising a drive train 23 or 31. Jiang also discloses that a driving motor and a clutch driving assembly are both electrically connected to the control system to operate under the control of the control system, col. 4, lines 43-45. Therefore, the selection assembly of the number of electrical and mechanical components comprises a power adapter and/or a communication module and that considered as rearrangement parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 14, Jiang in view of Schenker discloses all claimed subject matter as required. Jiang discloses that the number of electrical and mechanical components comprises one or more display an operating button integrated into the frontside, see Fig. 1.
Regarding claim 16, as best as understood, Jiang in view of Schenker discloses all claimed subject matter as required. Schenker (or Jiang in view of Schenker) discloses that wherein the gripping portion is located adjacent to the rear side and horizontally between the top side and the bottom side when the carrying handle is in the storage position.
Regarding claim 17, as best as understood, Jiang in view of Schenker discloses all claimed subject matter as required. Schenker (or Jiang in view of Schenker) discloses that wherein the housing comprises a third recess 70 configured to receive the gripping portion of the carrying handle 20 when the carrying handle 20is in the storage position, see Figs. 1-3.
II) Prior art Masahiro et al in view of Schenker
Claims 1-6, 9-11, 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Masahiro et al (WO 2015/046397) in view of Schenker (US 2009/0114653).
Regarding claim 1, Masahiro discloses a medical fluid pump A in Figs. 1-8 comprising:
a housing 10 comprising:
a front side 21,
a rear side spaced from and opposite the front side 21,
a first side surface (on a right side of the housing 10, near element 13) extending between the front side to the rear side,
a second side surface (on a left side of the housing 10) spaced from and opposite the first side surface and extending between the front side to the rear side,
a top side (same side with a handle) extending between the front side, the rear side, the first side surface and the second side surface, and
a bottom side (below or bottom surface of the housing 10) spaced from and opposite the top side and extending between the front side, the rear side, the first side surface and the second side surface;
a carrying handle (on the top side of the housing, see Fig. 1) pivotably hinged to the housing and pivotable about a pivot axis from a storage position (Fig. 1) to a carrying portion (when lift the carrying handle up in vertical direction); the carrying handle comprises:
a first portion (on the left side of the handle) extending from a first housing (when the carrying handle is being swirl up in vertical direction);
a second portion (on a right side of the handle) extending from a housing second pivot point located on the pivot axis (when the carrying handle is being swirl up in vertical direction); and
a gripping portion (a middle portion of the handle) offset from the pivot axis and extending between the first portion and the second portion,
wherein the gripping portion is arranged above and spaced from the top side when the carrying handle is in the carrying position (e.g., the handle is being swirled in vertical direction) and located adjacent to the rear side when the carrying handle is in the storage position (Fig. 1);
a number of electrical and mechanical components integrated with the housing 10 which collectively perform all intended functions of the medical fluid pump (Figs. 1-8);
wherein the number of electrical and mechanical components are positioned with respect to the housing 10 such that a combined center of gravity of the housing and the number of electrical and mechanical components is substantially below the gripping portion when the carrying handle is in the carrying position.
Masahiro does not disclose that the carrying handle is being extending from the first side surface to the second side surface of the housing, as required in the claim invention.
Schenker discloses a storage container 10 comprising a housing 12 & 14 comprising: a front side 22; a rear side (opposite side to the front side 22); a first side surface 28; a second side surface (opposite the first side surface 28); a top side 68; a bottom side 36; a carrying handle 20 comprises: a first portion extending from a first housing pivot point 74 located on the pivot axis; a second portion extending from a housing second pivot point 74 (opposite side of the first pivot point 74) located on the pivot axis, and a gripping portion (a middle portion of the handle 20) offset from the pivot axis and extending between the first portion and the second portion, wherein the gripping portion is arranged above and spaced from the top side when the carrying handle is in the carrying position (Fig. 6) and located adjacent to the rear side when the carrying handle is in the storage position (Fig. 1), and wherein the housing comprises a first recess (wherein the pivot roller 74 inserts therein, see Fig. 2) configured to receive the first portion of the carrying handle flush with the first side surface when the carrying handle is in the storage position, (see Fig. 1), and a second recess (wherein another pivot roller 74 inserts therein, in opposite side of the first pivot roller 74, see Fig. 3) configured to receive the second portion of the carrying handle flush with the second side surface when the carrying handle is in the storage position; a number of components within the housing are positioned with respect to the housing such that a combined center of gravity of the housing and the number of components is substantially below the gripping portion when the carrying handle is in the in a carrying position.
Note: the carrying handle in Masahiro is located on the top side of the housing; however, a person skilled in the art would recognize that the carrying handle can be located on the first side surface to the second side surface of the housing, that considered as rearrangement parts. Meanwhile, Schenker teaches that the carrying handle is being provided on the first and second surfaces of the housing.
Since Masahiro and Schenker are both from the same field of endeavor, i.e., storage container, the purpose disclosed by Schenker would have been recognized in the pertinent art of Schenker.
It would have been obvious to one of ordinary skill in the art, prior to the effective filling date of the claimed invention to modify the location of the carrying handle of Masahiro with obtaining a carrying handle being pivotably hinged to the housing and pivotable about a pivot axis extending from a first side surface to a second side surface of the housing, as taught by Schenker, in order to provide a longer dimension in length in carrying handle structure to distribute weight evenly to prevent dropping or spilling contents and improving ergonomics, portability, functional control and allows for effortless transport from place to place.
Regarding claim 2, the syringe pump in Masahiro is an electric pump. Therefore, the number of electrical and mechanical components is inherently including at least an energy storage device (and/or a power adaptor.
Regarding claim 3, Masahiro discloses that wherein the number of electrical and mechanical components include at least a drive train 32 and/or a motor (not shown, it is inherently to include in the electrical syringe pump).
Regarding claim 6, Masahiro discloses that the number of electrical and mechanical components include an energy storage device (inherently to include in the electrical syringe pump), wherein the energy storage device is located substantially at the combined center of gravity of the housing and the number of electrical and mechanical components.
Regarding claim 10, Masahiro discloses that the medical fluid pump is a syringe or infusion pump.
Regarding claim 11, Masahiro discloses that wherein the first assembly of the number of electrical and mechanical components comprises a drive train 1a (piston) or 32 (slide shaft), and the second assembly of the number of electrical and mechanical components comprises a power adapter (inherently includes in the electrical syringe pump, for example: power switch 22) and/or communication module (e.g., electrical signal from the power supply to the control unit a5).
Regarding claim 14, Masahiro discloses that wherein the number of electrical and mechanical components comprises one or more of a display 21 or an operating button 23 integrated into the front side.
Regarding claim 15, Masahiro discloses that wherein the front side of the housing comprises a flap hinged (e.g., a flap door 20 being lift up and down, see Figs. 1-2) to a remainder of the housing, with the one or more of the display, or the operating button integrated into the flap.
Regarding claim 16, Schenker (or Masahiro in view of Schenker) discloses that wherein the gripping portion is located adjacent to the rear side and vertically between the top side and the bottom side when the carrying handle is in the storage position.
Regarding claim 17, Schenker (or Masahiro in view of Schenker) discloses that the housing comprises a third recess 70 (as modified by Rodriguez) configured to receive the gripping portion of the carrying handle when the carrying handle is in the storage position.
III) Prior art FAN in view of Rodriguez
Claims 1-6, 9-11, 14-16 & 18 are rejected under 35 U.S.C. 103 as being unpatentable over FAN (CN201524307) in view of Rodriguez (D662,712).
Regarding claim 1, FAN discloses a medical fluid pump, see marked-up Figure 10 below comprising:
a housing 2 comprising: a front side,
a rear side spaced from and opposite the front side,
a first side surface extending between the front side to the rear side,
a second side surface spaced from and opposite the first side surface and extending between the front side to the rear side,
a top side extending between the front side, the rear side, the first side surface and the second side surface, and
a bottom side spaced from and opposite the top side and extending between the front side, the rear side, the first side surface and the second side surface;
a carrying handle;
a second portion extending from a housing second pivot point located on the pivot axis, and
a gripping portion offset from the pivot axis and extending between the first portion and the second portion,
wherein the gripping portion is arranged above and spaced from the top side when the carrying handle is in the carrying position and located adjacent to the rear side when the carrying handle is in the storage position;
a number of electrical and mechanical components integrated with the housing 2 which collectively perform all intended functions of the medical fluid pump (see abstract & Fig. 7);
wherein the number of electrical and mechanical components are positioned with respect to the housing 2 such that a combined center of gravity of the housing and the number of electrical and mechanical components is substantially below the gripping portion when the carrying handle is in the carrying position.
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FAN does not disclose that the carrying handle being pivotably hinged to the housing and pivotable about a pivot axis extending from the first side surface to the second side surface, from a storage position to a carrying position, wherein the carrying handle comprises: a first portion extending from a first housing pivot point located on the pivot axis, and wherein the housing comprises a first recess configured to receive the first portion of the carrying handle flush with the first side surface when the carrying handle is in the storage position, and a second recess configured to receive the second portion of the carrying handle flush with the second side surface when the carrying handle is in the storage position.
Rodriguez discloses an appliance carrier (having similar configuration like a medical fluid pump), see the marked-up figure below) comprising:
a housing comprising: a front side, a rear side, a first side, a second side, a top side, a bottom side; a carrying handle carrying handle being pivotably hinged to the housing and pivotable about a pivot axis extending from the first side surface to the second side surface, from a storage position (Fig. 6) to a carrying position (Fig. 1), wherein the carrying handle comprises:
a first portion extending from a first housing pivot point located on the pivot axis,
a second portion extending from a second housing pivot point (opposite side the first housing pivot point) located on the pivot axis,
wherein the gripping portion is arranged above and spaced from the top side when the carrying handle is in the carrying portion (Fig. 1) and located adjacent to the rear side when the carrying handle is in the storage position (Fig. 6);
and wherein the housing comprises a first recess configured to receive the first portion of the carrying handle flush with the first side surface when the carrying handle is in the storage position, and a second recess configured to receive the second portion of the carrying handle flush with the second side surface when the carrying handle is in the storage position.
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Since FAN and Rodriguez are both from the same field of endeavor, i.e., container, the purpose disclosed by Rodriguez would have been recognized in the pertinent art of FAN.
It would have been obvious to one of ordinary skill in the art, prior to the effective filling date of the claimed invention to modify the carrying handle of FAN with providing a carrying handle being pivotably hinged to the housing, as taught by Rodrigue, in order to provide a convenient structure such as the carrying handle being flexible and swived in up and down position for a person to grasp, manipulate, and easy to carry the medical fluid pump around.
Regarding claim 2, FAN discloses that the number of electrical and mechanical components include at least an energy storage device (power supply) and/or power adaptor, see abstract.
Regarding claim 3, FAN discloses that the number of electrical and mechanical components includes at least a drive train 20-23 and/or a motor 19.
Regarding claim 4, as seen the marked-up Figs. 7 & 10 below, FAN discloses that wherein: the housing comprises a first longitudinal half extending between the pivot axis and the front side, and a second longitudinal half extending between the pivot axis and the rear side; the number of electrical and mechanical components 17,19, 20, 21-22. 24 comprise a first assembly of the number of electrical and mechanical components located in the first longitudinal half and a second assembly of the number of electrical and mechanical components 1, 4, 25-26 located in the second longitudinal half of the housing; and a respective gravitational weight of the first assembly of the number of electrical and mechanical components is equal to and a respective gravitational weight of the second assembly of the number of electrical and mechanical components to thereby are arranged to balance the housing and the number of electrical and mechanical components with respect to the pivot axis.
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Regarding claim 5, as seen the marked-up Figs. 7 & 10 above, FAN discloses that wherein: the housing comprises a first transverse half extending along the pivot axis from the first side surface to a middle point between the first side surface and the second side surface, and a second transverse half extending along the pivot axis from the second side surface to the middle point between the first side surface and the second side surface; and the number of electrical and mechanical components comprise a drive head 1 integrated with the housing at the second transverse half outside the second side surface 2 and configured to move linearly along the pivot axis relative to the housing via a drive arm 23/26 extending through the second side surface into the housing, and a motor 19 located in the first transverse half of the housing.
Regarding claim 6, FAN discloses that wherein the number of electrical and mechanical components include an energy storage device (a power supply, see abstract). A person skilled in the art would recognize that the energy storage device is located anywhere inside that housing that substantially at the combined center of gravity of the housing and the number of electrical and mechanical components.
Regarding claim 9, as seen the marked-up Figs. 7 & 10 below, FAN discloses that the housing comprises a first transverse half extending along the pivot axis from the first side surface to a middle point between the first side surface and the second side surface, and a second transverse half extending along the pivot axis from the second side surface to the middle point between the first side surface and the second side surface; and the number of electrical and mechanical components comprise a motor 19 arranged in the second transverse half of the housing, and a deadbolt drive 3 (or 18) arranged in the first transverse half of the housing.
Note: a deadbolt drive is broadest interpretation that a locking mechanism. In this case, a right support 18 locks a screw rod and a syringe 4 for firmly supporting; or a syringe locking 3 locks the syringe 4 in firmly position. Therefore, element 3 or 18 is considered as a locking mechanism or equivalent to a deadbolt drive.
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Regarding claim 10, FAN discloses that wherein the medical fluid pump is a syringe or infusion pump.
Regarding claim 11, wherein the first assembly of the number of electrical and mechanical components comprises a drive train 23 or 27, and the second assembly of the number of electrical and mechanical components comprises a power adapter (inherently including into the electric pump) and/or a communication module, see Fig. 1.
Regarding claim 14, FAN discloses that wherein the number of electrical and mechanical components comprises one or more of a display 5 or an operating button integrated into the front side, see Figs. 6 & 10.
Regarding claim 15, wherein the front side of the housing comprises a flap 3 hinged to a remainder of the housing, with the one or more of the display 5, or the operating button (at the front side) integrated/attached into the flap 3, see Fig. 10.
Regarding claim 16, as best as understood, Rodriguez (Or FAN in view of Rodriguez) discloses that the gripping portion is located adjacent to the rear side and horizontally between the top side and the bottom side when the carrying handle is in the storage position, see Fig. 6.
Regarding claim 18, claim 18 includes all the limitations in claims 1 & 9. Therefore, this claim 18 is being rejected by using the same analysis as noted the above with regard to the claims 1 & 9.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over FAN (CN201524307) in view of Rodriguez (D662,712) and further in view of Schenker (US 2009/0114653).
Regarding claim 17, FAN in view of Rodriguez discloses all claimed subject matter as required except for the limitation that a third recess configured to receive the gripping portion of the carrying handle when the carrying handle is in the storage position.
Schenker discloses a casing 10 comprising a housing 12 & 14; carrying handle 20 includes a gripping portion; wherein the housing comprises a third recess 70 configured to receive the gripping portion of the carrying handle 20 when the carrying handle is in the storage position, see Fig. 1.
It would have been obvious to one of ordinary skill in the art, prior to the effective filling date of the claimed invention to modify the device of FAN in view of Rodriguez with providing a third recess of the housing being configured to receive the gripping portion of the carrying handle, as taught by Schenker, in order to keep the medical fluid pump in low profile for easy to handling or in storage position.
Allowable Subject Matter
Claim 7-8 & 12-13 are allowed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-6, 9-11, 14-18 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.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUYNH-NHU HOANG VU whose telephone number is (571)272-3228. The examiner can normally be reached on M-F 7:30 am-4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached on 571-270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Quynh-Nhu H. Vu/
Quynh-Nhu H Vu
Primary Examiner, Art Unit 3783
Prosecution Insights