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 .
Status of Claims
This office action is responsive to the amendment filed 25 February 2026.
Claim 8 is canceled.
Claims 1, 9-14, 16, and 19 are amended
Claims 1-7 and 9-20 are presently pending in this application.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: “drive mechanism” in claims 1, 16, and 19.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1-14 are 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.
Claim 1 was amended to recite the limitation “radial threads disposed on an entire length of the axial core”. The specification does not describe the radial threads being disposed on an entire length of the axial core. Therefore, the amended limitation is new matter.
Claims 2-14 are rejected as they depend from the independent claim 1.
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 19 and 20 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.
Claim 19 recites the limitation “the corkscrew member limited to radial threads”. The term “limited” is unclear, as it, alone, does not provide enough information to determine how the corkscrew member is limited as it relates to radial threads.
Claim 20 is rejected as it depends from independent claim 19.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 6-7 and 9-14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Salgia et al. (US Patent Publication No. 20100249717 A1), hereinafter Salgia.
Regarding claim 1, Salgia teaches an intravenous (IV) set corkscrew hand pump (Fig. 1, manual intravenous pump 100) comprising: a body (Fig. 19, outer housing 1910); a corkscrew member (Fig. 19, bladed rotor 1920) disposed in the body (Fig. 19, rotor 1920 is disposed within housing 1910), the corkscrew member (Fig. 19, bladed rotor 1920) comprising an axial core (Fig. 19, projection 1940) and radial threads (Fig. 19, rotor 1920 is bladed; para. 0099) disposed on an entire length of the axial core (Fig. 19, rotor 1920 is shown with blades that are disposed around projection 1940); an inlet port (Fig. 1, input 110) disposed on a first end of the body (Fig. 1, input 110 is on an end of a housing of pump 100 towards first fluid line L1); an outlet port (Fig. 1, output 120) disposed on a third end of the body (Fig. 1, output 120 is on an end of a housing of pump 100 towards second fluid line L2); and a drive mechanism (bladed rotor 1920 may be rotated by manual actuator; para. 0102) coupled to the corkscrew member (bladed rotor 1920 may be rotated by manual actuator; para. 0102), the drive mechanism (bladed rotor 1920 may be rotated by manual actuator; para. 0102) configured to cause the corkscrew mechanism to turn within the body (bladed rotor 1920 may be rotated within the housing 1910 by manual actuator; para. 0102).
Regarding claim 6, Salgia teaches the pump above, wherein the body (Fig. 19, housing 1910) comprises a cylindrical shape (Fig. 19, housing 1910 is shown as cylindrical) having an inner diameter (Fig. 19, housing 1910 is cylindrical and houses a cylindrical rotor 1920. Examiner interprets that housing 1910 has an inner diameter), wherein the corkscrew member (Fig. 19, rotor 1920) comprises a cylindrical shape (Fig. 19, rotor 1920 is shown as cylindrical) having an outer diameter sized to fit just within the inner diameter of the body (Fig. 19, housing 1910 houses a cylindrical rotor 1920. Rotor 1920 is sized to provide clearance between outer surface of rotor 1920 and inner surface of housing 1910; para. 0100), and wherein the corkscrew member (Fig. 19, rotor 1920) is configured to turn within the body without binding (Fig. 19, housing 1910 houses a cylindrical rotor 1920. Rotor 1920 is sized to provide clearance between outer surface of rotor 1920 and inner surface of housing 1910, allowing free rotation; para. 0100).
Regarding claim 7, Salgia teaches the pump above, wherein the corkscrew member (Fig. 19, rotor 1920) extends along an entire interior axial length of the body (Fig. 19, housing 1910 houses a cylindrical rotor 1920. Rotor 1920 extends along entire interior axial length of housing 1910).
Regarding claim 9, Salgia teaches the pump above, wherein a spacing between the radial threads (Fig. 19, rotor 1920 is bladed; para. 0099) is configured to provide a determined flow channel within the body (Fig. 19, flow channel 1950).
Regarding claim 10, Salgia teaches the pump above, wherein a spacing between the radial threads (Fig. 19, rotor 1920 is bladed; para. 0099) is configured to provide a determined fluid flow rate (para. 0102) downstream from the body (Fig. 19, flow channel 1950). Examiner interprets that if there is a determined flow channel where fluid flows, there would be a determined fluid flow rate downstream from the body.
Regarding claim 11, Salgia teaches the pump above, wherein the radial threads (Fig. 19, rotor 1920 is bladed; para. 0099) extend from the axial core (Fig. 19, projection 1940) at a thread angle (Fig. 19, blades of rotor 1920 extend at an angle) configured to provide a determined flow channel within the body (Fig. 19, flow channel 1950).
Regarding claim 12, Salgia teaches the pump above, wherein the radial threads (Fig. 19, rotor 1920 is bladed; para. 0099) extend from the axial core (Fig. 19, projection 1940) at a thread angle (Fig. 19, blades of rotor 1920 extend at an angle) configured to provide a determined fluid flow rate (para. 0102) downstream from the body (Fig. 19, flow channel 1950). Examiner interprets that if there is a determined flow channel where fluid flows, there would be a determined fluid flow rate downstream from the body.
Regarding claim 13, Salgia teaches the pump above, wherein a length of the axial core (Fig. 19, projection 1940) is configured to provide a determined fluid flow rate (para. 0102) downstream from the body (Fig. 19, flow channel 1950). Examiner interprets that if there is a determined flow channel where fluid flows, there would be a determined fluid flow rate downstream from the body.
Regarding claim 14, Salgia teaches the pump above, wherein an outer diameter of the radial threads (Fig. 19, housing 1910 houses a cylindrical rotor 1920. Rotor 1920 is sized to provide clearance between outer surface of rotor 1920 and inner surface of housing 1910; para. 0100) is configured to provide a determined fluid flow rate downstream from the body (Fig. 19, flow channel 1950). Examiner interprets that if there is a determined flow channel where fluid flows, there would be a determined fluid flow rate downstream from the body.
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.
Claims 2, 16, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Salgia in view of the second embodiment of Salgia.
Regarding claim 2, Salgia teaches the pump above, wherein the drive mechanism may be a manual actuator (Salgia: the pump 1900 may be employed with any other embodiment of a manual pump; para. 0099 and 0102).
Salgia does not expressly disclose the drive mechanism is a hand crank assembly extending outward from an exterior surface of the body.
The second embodiment of Salgia teaches a drive mechanism (Salgia: Fig. 2, crank mechanism 240 is a manually operable actuator; para. 0034) is a hand crank assembly (crank mechanism 240 is a hand crank; para. 0034) extending outward from an exterior surface of a body (Fig. 2, crank 240 extends outward from body 230).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the drive mechanism of Salgia such that the drive mechanism is a hand crank assembly extending outward from an exterior surface of the body as taught by the second embodiment of Salgia in order to allow for manual operation of the pump to increase the speed at which fluid flows from the fluid bag to the subject (Salgia: para. 0004 and 0034).
Regarding claim 16, Salgia discloses an intravenous (IV) set (Fig. 1, pump 100 and fluid bag B) comprising: an infusion component (second fluid line L2 leads to a subject via needle or catheter; para. 0031); an IV tube (Fig. 1, second fluid line L2) coupled to the infusion component (second fluid line L2 leads to a subject via needle or catheter; para. 0031); and an IV set corkscrew hand pump (Fig. 1, manual intravenous pump 100) coupled to the IV tube (Fig. 1, pump 100 is connected via outlet 120 to second fluid line L2), the IV set corkscrew hand pump (Fig. 1, manual intravenous pump 100) comprising: a body (Fig. 19, outer housing 1910); a corkscrew member (Fig. 19, bladed rotor 1920) disposed in the body (Fig. 19, rotor 1920 is disposed within housing 1910); an inlet port (Fig. 1, input 110) disposed on a first end of the body (Fig. 1, input 110 is on an end of a housing of pump 100 towards first fluid line L1); an outlet port (Fig. 1, output 120) disposed on a third end of the body (Fig. 1, output 120 is on an end of a housing of pump 100 towards second fluid line L2); and a drive mechanism (bladed rotor 1920 may be rotated by manual actuator; para. 0102) coupled to the corkscrew member (bladed rotor 1920 may be rotated by manual actuator; para. 0102), the drive mechanism (bladed rotor 1920 may be rotated by manual actuator; para. 0102) configured to cause the corkscrew mechanism to turn within the body (bladed rotor 1920 may be rotated within the housing 1910 by manual actuator; para. 0102).
Salgia does not expressly disclose that the body is enclosed such that fluid flow into the body and out of the body is limited to the inlet port and the outlet port.
The second embodiment of Salgia teaches a body (Fig. 3, cylinder 330) is enclosed (partitions 320 extend to the inner surface of cylinder 330) such that fluid flow into the body (330) and out of the body (330) is limited to an inlet port (Fig. 3, first opening 340) and an outlet port (Fig. 3, output 350).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the body of Salgia such that the body is enclosed such that fluid flow into the body and out of the body is limited to the inlet port and the outlet port as taught by the second embodiment of Salgia in order to form a seal and force fluid from the inlet port to the outlet port (para. 0045).
Regarding claim 19, Salgia discloses a method of operating an intravenous (IV) set corkscrew hand pump (Salgia: Fig. 1, manual intravenous pump 100) with an IV set (Fig. 1, pump 100 and fluid bag B), the method comprising: coupling an inlet port (Fig. 1, input 110) of the IV set corkscrew hand pump (Fig. 1, manual intravenous pump 100) to a fluid source (Fig. 1, fluid bag B) via a first IV tube (Fig. 1, first line 1); coupling an outlet port (Fig. 1, output 120) of the IV set corkscrew hand pump (Fig. 1, manual intravenous pump 100) to a fluid delivery device (second fluid line L2 leads to a subject via needle or catheter; para. 0031) via a second IV tube (second fluid line L2 leads to a subject via needle or catheter; para. 0031); starting a flow of fluid from the fluid source (Fig. 1, fluid bag B) into the IV set corkscrew hand pump (Fig. 1, manual intravenous pump 100); and rotating a corkscrew member (Fig. 19, bladed rotor 1920) disposed in a body (Fig. 19, rotor 1920 is disposed within housing 1910) of the IV set corkscrew hand pump (Fig. 1, manual intravenous pump 100) at a determined speed via a drive mechanism (bladed rotor 1920 may be rotated by manual actuator; para. 0102) coupled to the corkscrew member (Fig. 19, bladed rotor 1920) to pump the fluid from the fluid source (Fig. 1, fluid bag B) through the IV set (Fig. 1, pump 100 and fluid bag B) to the fluid delivery device (second fluid line L2 leads to a subject via needle or catheter; para. 0031) at a fluid flow rate that exceeds a maximum gravity fluid flow rate of the IV set (the device employs manual or electric actuators to facilitate the flow of fluid and increase the speed of fluid infusion; para. 0004, 0007, and 0102).
Salgia does not expressly disclose the drive mechanism is one of a hand crank assembly and a motor coupling.
The second embodiment of Salgia teaches a drive mechanism (Salgia: Fig. 2, crank mechanism 240 is a manually operable actuator; para. 0034) is a hand crank assembly (crank mechanism 240 is a hand crank; para. 0034).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the drive mechanism of Salgia such that the drive mechanism is one of a hand crank assembly and a motor coupling as taught by the second embodiment of Salgia in order to allow for manual operation of the pump to increase the speed at which fluid flows from the fluid bag to the subject (Salgia: para. 0004 and 0034).
Regarding claim 20, Salgia in view of the second embodiment of Salgia discloses the method above, wherein the IV set corkscrew hand pump (Salgia: Fig. 1, manual intravenous pump 100) is configured to replace a hand pump bulb, thereby reducing user hand fatigue and increasing fluid flow rate to reduce fluid transfusion time during use of the IV set. The drive mechanism disclosed by Salgia does not include a hand pump bulb, but, similarly, the drive mechanism provides a function of increasing fluid flow rate (the device employs manual or electric actuators to facilitate the flow of fluid and increase the speed of fluid infusion; para. 0004, 0007, and 0102).
Claim 3 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Salgia in view of the second embodiment of Salgia, in further view of the third embodiment of Salgia.
Regarding claim 3, Salgia discloses the pump above, wherein the drive mechanism may be a manual actuator (Salgia: the pump 1900 may be employed with any other embodiment of a manual pump; para. 0099 and 0102).
Salgia does not expressly disclose the hand crank assembly comprises: a driveshaft having a first end coupled to the corkscrew member; a crankshaft coupled to a third end of the driveshaft; and a grip handle coupled to the crankshaft.
The second embodiment of Salgia teaches a hand crank assembly (Fig. 2, crank mechanism 240) that comprises: a crankshaft (Fig. 2, lever arm 250); and a grip handle (Fig. 2, handle 260) coupled to the crankshaft (handle 260 is coupled to arm 250; para. 0034).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the drive mechanism of Salgia such that the hand crank assembly comprises: a crankshaft; and a grip handle coupled to the crankshaft as taught by the second embodiment of Salgia in order to allow for manual operation of the pump to increase the speed at which fluid flows from the fluid bag to the subject (Salgia: para. 0004 and 0034).
Salgia in view of the second embodiment of Salgia does not expressly disclose a driveshaft having a first end coupled to the corkscrew member; and that the crankshaft is coupled to a third end of the driveshaft.
The third alternate embodiment of Salgia teaches a driveshaft (Fig. 5, shaft 530) having a first end coupled to a member (Fig. 5, gear 535 is coupled to a first end of shaft 530); and a crankshaft (Fig. 5, lever arm 520) coupled to a third end of the driveshaft (Fig. 5, arm 520 is coupled to a third end of shaft 530).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the hand crank assembly of Salgia in view of the second embodiment of Salgia such that a driveshaft having a first end coupled to the corkscrew member; and that the crankshaft is coupled to a third end of the driveshaft as taught by the third embodiment of Salgia in order to allow for manual operation of the pump via a manually operable member to increase the speed at which fluid flows from the fluid bag to the subject (Salgia: para. 0004 and 0034).
Regarding claim 17, Salgia teaches the drive mechanism may be a manual actuator (the pump 1900 may be employed with any other embodiment of a manual pump; para. 0099 and 0102); and wherein the drive mechanism (bladed rotor 1920 may be rotated by manual actuator; para. 0102) rotates the corkscrew member (Fig. 19, bladed rotor 1920) at a speed of rotation (Fig. 19, bladed rotor 1920 rotates to produce fluid flow; para. 0102) to cause a first flow rate (para. 0102) of fluid exiting the outlet port (Fig. 1, output 120).
Salgia does not expressly disclose the drive mechanism is a hand crank assembly comprising: a crankshaft; and a grip handle coupled to the crankshaft, wherein a first speed of rotation by hand via the grip handle and the crankshaft is configured to rotate the corkscrew member within the body at a third speed of rotation to cause a first flow rate of fluid exiting the outlet port.
The second embodiment of Salgia teaches a drive mechanism is a hand crank assembly (Salgia: Fig. 2, crank mechanism 240) that comprises: a crankshaft (Fig. 2, lever arm 250); and a grip handle (Fig. 2, handle 260) coupled to the crankshaft (handle 260 is coupled to arm 250; para. 0034), wherein a first speed of rotation (rod 310 rotates at a different rate from crank 240 through gear configurations that create mechanical advantage; para. 0041) by hand via the grip handle (operator turns the crank 240 via handle 260; para. 0034, 0037, and 0045) and the crankshaft (Fig. 2, arm 250) is configured to rotate the member (Fig. 3, rod 310 is rotated; para 0041) within the body at a third speed of rotation (rod 310 rotates at a different rate from crank 240 through gear configurations that create mechanical advantage; para. 0041).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the drive mechanism of Salgia such that a driveshaft having a first end coupled to the corkscrew member; a crankshaft coupled to a third end of the driveshaft; and a grip handle coupled to the crankshaft, wherein a first speed of rotation by hand via the grip handle and the crankshaft is configured to rotate the corkscrew member within the body at a third speed of rotation to cause a first flow rate of fluid exiting the outlet port as taught by the second embodiment of Salgia in order to allow for manual operation of the pump to increase the speed at which fluid flows from the fluid bag to the subject (para. 0004 and 0034), and to rotate the shaft at a different rate from the crank via mechanical advantage (para. 0041).
Salgia does not expressly disclose a single embodiment with a driveshaft having a first end coupled to the corkscrew member; and that the crankshaft is coupled to a third end of the driveshaft.
The third alternate embodiment of Salgia teaches a driveshaft (Fig. 5, shaft 530) having a first end coupled to a member (Fig. 5, gear 535 is coupled to a first end of shaft 530); and a crankshaft (Fig. 5, lever arm 520) coupled to a third end of the driveshaft (Fig. 5, arm 520 is coupled to a third end of shaft 530).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the hand crank assembly of Salgia in view of the second embodiment of Salgia such that a driveshaft having a first end coupled to the corkscrew member; and that the crankshaft is coupled to a third end of the driveshaft as taught by the third embodiment of Salgia in order to allow for manual operation of the pump via a manually operable member to increase the speed at which fluid flows from the fluid bag to the subject (Salgia: para. 0004 and 0034).
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Salgia in view of the fourth embodiment of Salgia, in further view of Focht et al. (US Patent Publication No. 20170184091 A1), hereinafter Focht.
Regarding claim 4, Salgia teaches the pump above.
Salgia does not expressly disclose that the drive mechanism is a motor coupling extending outward from an exterior surface of the body.
The fourth embodiment of Salgia teaches a drive mechanism (Salgia: Fig. 11, gears 1110 coupled to rod 1120) that is a motor coupling (pump 1100 may employ the use of motors to facilitate pumping; para. 0092). Examiner interprets that the motor must be coupled to the gears 1110 and/or the rod 1120 in order to function as taught (motor actuates the pump; para. 0092), as the motor creates rotational force that would only reasonably function if acted upon the gears 1110 and/or the rod 1120.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the drive mechanism of Salgia such that the drive mechanism is a motor coupling as taught by the fourth embodiment of Salgia in order to facilitate pumping to increase the speed at which fluid flows from the fluid bag to the subject (Salgia: para. 0004 and 0092).
Salgia in view of the fourth embodiment of Salgia does not expressly disclose a motor coupling extending outward from an exterior surface of the body.
Focht teaches a motor coupling (Focht: Fig. 3, output shaft 320) extending outward from an exterior surface of a body (Fig. 3, pump housing 308).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the drive mechanism of Salgia in view of the fourth embodiment of Salgia such that the motor coupling extends outward from an exterior surface of the body as taught by Focht in order to drive rotation inside a housing from outside a housing (Focht: para. 0098).
Regarding claim 5, Salgia in view of the fourth embodiment of Salgia and Focht disclose the pump above.
Salgia does not expressly disclose the motor coupling comprising: a first end coupled to the corkscrew member; and a third end configured to be coupled to a motor.
The fourth embodiment of Salgia teaches a motor coupling (Salgia: Fig. 11, gears 1110 coupled to rod 1120) comprising: a first end coupled to the corkscrew member (Fig. 11, gears 1110 are connected to rod 1120); and a third end configured to be coupled to a motor (pump 1100 may employ the use of motors to facilitate pumping; para. 0092). Examiner interprets that the motor must be coupled to the gears 1110 and/or the rod 1120 in order to function as taught (motor actuates the pump; para. 0092), as the motor creates rotational force that would only reasonably function if acted upon the gears 1110 and/or the rod 1120.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the drive mechanism of Salgia such that the motor coupling comprising: a first end coupled to the corkscrew member; and a third end configured to be coupled to a motor as taught by the fourth embodiment of Salgia in order to facilitate pumping to increase the speed at which fluid flows from the fluid bag to the subject (Salgia: para. 0004 and 0092).
Salgia in view of the fourth embodiment of Salgia does not expressly disclose a driveshaft having the first end coupled to a member and the third end coupled to the motor.
Focht teaches a driveshaft (Focht: Fig. 3, output shaft 320) having a first end coupled to a member (Fig. 3, output shaft 320 is couped to pump piston 304) and a third end coupled to a motor (Fig. 3, output shaft 320 is coupled to the motor 302).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the drive mechanism of Salgia in view of the fourth embodiment of Salgia such that the motor coupling comprised a driveshaft having the first end coupled to a member and the third end coupled to the motor as taught by Focht in order to drive rotation inside a housing from outside a housing (Focht: para. 0098).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Salgia in view of Mason et al. (US Patent Publication No. 20020019608 A1), hereinafter Mason.
Regarding claim 15, Salgia teaches the pump above.
Salgia does not expressly disclose that one of the inlet port and the outlet port comprises a luer connector.
Mason teaches an inlet port (Mason: Fig. 1, pump coupling element 34) comprises a luer connector (Fig. 1, pump coupling element 34 is a female luer lock; para. 0021).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the inlet port of Salgia such that the inlet port comprises a luer connector as taught by Mason in order to allow fixing of a male luer lock to the inlet port to allow fluid flow from a source to the pump (Mason: para. 0021).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Salgia in view of the second and fourth embodiment of Salgia, in further view of Focht et al. (US Patent Publication No. 20170184091 A1), hereinafter Focht.
Regarding claim 18, Salgia in view of the second embodiment of Salgia discloses the pump above, wherein the drive mechanism (Salgia: bladed rotor 1920 may be rotated by an actuator; para. 0102) rotates the corkscrew member (Fig. 19, bladed rotor 1920) at a speed of rotation (Fig. 19, bladed rotor 1920 rotates to produce fluid flow; para. 0102) to cause a first flow rate (para. 0102) of fluid exiting the outlet port (Fig. 1, output 120).
Salgia in view of the second embodiment of Salgia does not expressly disclose the drive mechanism is a motor coupling comprising: a first end coupled to the corkscrew member; and a third end configured to be coupled to a motor, wherein a first speed of rotation of motor coupling by the motor is configured to rotate the corkscrew member within the body at a third speed of rotation.
The fourth embodiment of Salgia teaches a motor coupling (Salgia: Fig. 11, gears 1110 coupled to rod 1120) comprising: a first end coupled to the corkscrew member (Fig. 11, gears 1110 are connected to rod 1120); and a third end configured to be coupled to a motor (pump 1100 may employ the use of motors to facilitate pumping; para. 0092), wherein a first speed of rotation of motor coupling by the motor (rod 1120 may rotate a rate different from the rate at which gears 1110 are turned; para. 0087) is configured to rotate the corkscrew member (Fig. 11, rod 1120) within the body (Fig. 11, rod 1120 is inside the body of pump 1100) at a third speed of rotation (rod 1120 may rotate a rate different from the rate at which gears 1110 are turned; para. 0087). Examiner interprets that the motor must be coupled to the gears 1110 and/or the rod 1120 in order to function as taught (motor actuates the pump; para. 0092), as the motor creates rotational force that would only reasonably function if acted upon the gears 1110 and/or the rod 1120.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the drive mechanism of Salgia in view of the second embodiment of Salgia such that the drive mechanism is a motor coupling comprising: a first end coupled to the corkscrew member; and a third end configured to be coupled to a motor, wherein a first speed of rotation of motor coupling by the motor is configured to rotate the corkscrew member within the body at a third speed of rotation as taught by the fourth embodiment of Salgia in order to employ mechanical advantage and facilitate pumping (para. 0087 and 0092).
Salgia in view of the second and fourth embodiment of Salgia does not expressly disclose a driveshaft having a first end coupled to the corkscrew member; and a third end configured to be coupled to a motor.
Focht teaches a driveshaft (Focht: Fig. 3, output shaft 320) having a first end coupled to a member (Fig. 3, output shaft 320 is couped to pump piston 304); and a third end configured to be coupled to a motor (Fig. 3, output shaft 320 is coupled to the motor 302).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the motor coupling of Salgia in view of the second and fourth embodiment of Salgia such that it comprised a driveshaft having a first end coupled to the corkscrew member; and a third end configured to be coupled to a motor as taught by Focht in order to drive rotation inside a housing from outside a housing (Focht: para. 0098).
Response to Arguments
Applicant’s arguments, see page 7, filed 25 February 2026, with respect to the rejections of claims 1-18 under 35 USC 112(b) have been fully considered and are persuasive. The rejection of claims 1-18 has been withdrawn.
Applicant’s arguments, see page 7-9, filed 25 February 2026, with respect to the rejections of claims 16-18 under 35 USC 102 and 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Salgia in view of the second embodiment of Salgia cited above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEI GONZALEZ whose telephone number is (703)756-5908. The examiner can normally be reached 7:30am - 4:00pm (CT).
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/LEI GONZALEZ/Examiner, Art Unit 3783
/SCOTT J MEDWAY/Primary Examiner, Art Unit 3783
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