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 .
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 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.
DETAILED ACTION
This is the Final action for application #17/997095, Portable Rack For Infusion Devices, filed 10/25/2022. Claims 1, 5, 6, 9, 11-13, 15, 17, 18, and 20-24 are pending. This Final Office Action is in response to applicant's reply dated 1/20/2026. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office Action.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11, 12, 21, and 22 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 pre-AIA the applicant regards as the invention.
Regarding Claims 11, 12, 21, and 22:
-Independent claims 1 and 15 claim a connector for a power supply. In the specification, the connector is element 25. Then claims 11, 12, 21, and 22 further claim “the power supply”. Element “29” was identified in the specification as “the power supply”, and also as “Power inlet” in the List of Reference Numerals. The list of reference numerals was amended to be “the power supply/power inlet”. However, on page 6 of the specification of 10/25/2022, lines 26-28 states: “Plug the portable rack 20 into the power supply 29 via a cable”. If numeral “29” is representing the power inlet as argued by the Applicant, and the power inlet is part of the rack, then it is not clear how the portable rack can be “plugged into the power supply”. The rack can’t be plugged into itself. It appears that the power supply is the electricity coming from the wall socket, and the housing itself only comprises the connector for the power supply, and the power inlet (which is not clearly depicted in the drawings and therefore should only be functionally claimed). Therefore, it is not clear what is being claimed by “the power supply”. The electricity is not part of the invention itself.
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 of this title, 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 1, 5, 9, 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over US 9,987,415 to Asama et al. (hereinafter ‘Asama’) in view of US 2015/0041419 (Hasegawa).
Regarding Claim 1, as best understood, Asama teaches a portable rack (10; col 5, ln 2-7 teaching the rack comprises a body and a communication box) for holding infusion devices (100) for administering a medical fluid to a patient, comprising:
a housing (11; Figure 1) with a top side (upper side), a base (15), and a multiplicity of slots (12, 13, 14), each of the multiplicity of slots configured for attachment to one of the infusion devices (100; col 5, ln 10-13) through a front of the housing,
a handle (unlabeled but depicted in the upper part of the housing; Figure 1) for manually transporting the rack (10; col 6, ln 30-34),
wherein the handle is arranged on the top side of the housing (as depicted in Figure 1), is integral with the housing of the rack (The handle is part of the housing and is not taught to be detachable, and the rack is defined as having two portions, namely the main body and the communication box provided at the bottom of the body. Therefore, the handle is part of the main body.), and is provided by an opening in the top side of the housing (as depicted in Figure 1 to allow room for a hand);
wherein the handle extends along an axis following a transversal direction (from left to right),
wherein a back of the portable rack is essentially vertical when the base (15) is disposed directly onto an essentially horizontal or flat surface (Figure 1 depicting the base 15 being flat and the back (where the three handles are depicted to the right) vertically extending from the base), and a connector for a power supply (connector with three apertures depicted in each of the slots) is disposed for each of the multiplicity of slots at the back of the portable rack and facing the front of the housing (see Figure 1), and
wherein the handle is provided in a front part of the top side of the housing (the housing has a “top side”, which is the structure above the upper slot 12, and that “top side” has both a front part and a back part. The handle is provided in the front part.)
Asama does not specifically teach a clamp for mounting the rack to a pole or a rail, but does depict three handles on the right side of the Figure 1. Hasegawa, which is also drawn to a rack (500) for infusion devices, the rack having a housing (501/502/540; Figure 2, 7) with multiple slots (C1,C2,C3) each having a connector (530; para [0088],[0089]) for a power supply depicted in the same manner as Asama, and having an integral handle (450; para [0078] teaching the handle is “fixed” to the housing), further teaches that the rack has a clamp (400) for mounting the rack (500) to a pole (para [0074], [0077]).
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of skill in the art with a reasonable expectation of success to include clamps as taught by Hasegawa on the rack of Asama (where Asama depicts the three handles), in order to allow the rack to be mounted to a pole designated in a specific location and to maximize floor space if multiple racks need to be used, since several racks could be mounted vertically along a longer pole (para [0074] Hasegawa).
Regarding Claim 5, Asama, and Hasegawa combined teach the portable rack according to claim 1, and Hasegawa further teaches wherein the clamp (400) is a screw pole clamp (Figure 5; para [0156]).
Regarding Claim 9, Asama, and Hasegawa combined teach the portable rack according to claim 1, and Asama further teaches wherein the base is a flat base (bottom of 15 is flat; Figure 1).
Regarding Claim 11, as best understood, Asama and Hasegawa, combined teach the portable rack according to claim 1, and Asama further teaches a communication link (col 5, ln 44-51) for the infusion devices (100). Asama does not specifically teach a power “supply” for the infusion devices, but does depict the connectors for a power supply. However, Hasegawa teaches both a communication link (para [0082], [0096]) and a power supply (as best understood, 530 is a connector for power connection; para [0088],[0089]). Therefore, it would have been obvious before the effective filing date of the claimed invention to one of skill in the art with a reasonable expectation of success to include a power supply as taught by Hasegawa on the rack of Asama in order to be able to power the pumps.
Regarding Claim 12, as best understood, Asama and Hasegawa, combined teach the portable rack according to claim 1, and Hasegawa further teaches comprising a power supply (as best understood, 530 is a connector for power connection; para [0088],[0089]) for the infusion devices (100). Therefore, it would have been obvious before the effective filing date of the claimed invention to one of skill in the art with a reasonable expectation of success to include a power supply as taught by Hasegawa on the rack of Asama in order to be able to power the pumps.
Regarding Claim 13, Asama and Hasegawa combined teach the portable rack according to claim 1, and Hasegawa further teaches wherein the housing has only two slots for attaching two infusion devices (100; para [0202] teaching that the number of slots can be varied and can include just two slots: ‘two mounting sections’). Therefore, it would have been obvious before the effective filing date of the claimed invention to one of skill in the art with a reasonable expectation of success to determine the optimum number of slots needed depending on the typical amount of infusion devices used, the weight of the racks, and user preference.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Asama and Hasewaga, and further in view of DE 102015122699 A1 to Arnold.
Regarding Claim 6, Asama and Hasegawa combined teach the portable rack according to claim 5, but do not specifically teach wherein the clamp has a release mechanism for sliding the screw pole clamp forward. However, Arnold, which is also drawn to a screw pole clamp, further teaches wherein the clamp has a release mechanism (10) for sliding the screw pole clamp (7/9) forward (para [0052],[0054] of the translation submitted by the Applicant in the IDS of 10/25/2022).
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of skill in the art with a reasonable expectation of success to use a screw pole clamp with a release mechanism as taught by Arnold on the rack of Asama and Hasegawa in order to make the adjustment of the screw clamp quicker and easier.
Claims 15, 17 and 20-24 are rejected under 35 U.S.C. 103 as being unpatentable over Asama in view of Hasewaga, and further in view of US 2015/0129700 (Miller).
Regarding Claim 15, Asama teaches a portable rack (10; col 5, ln 2-7 teaching the rack comprises a body and a communication box) for holding infusion devices (100) for administering a medical fluid to a patient, comprising:
a housing (11; Figure 1) with a top side (upper side), a base (15), and a multiplicity of slots (12, 13, 14), each of the multiplicity of slots configured for attachment to one of the infusion devices (100; col 5, ln 10-13) through a front of the housing,
a handle (unlabeled but depicted in the upper part of the housing; Figure 1) for manually transporting the rack (10; col 6, ln 30-34),
wherein the handle is arranged on the top side of the housing (as depicted in Figure 1), is integral with the housing of the rack (The handle is part of the housing and is not taught to be detachable, and the rack is defined as having two portions, namely the main body and the communication box provided at the bottom of the body. Therefore, the handle is part of the main body.), and is provided by an opening in the top side of the housing (as depicted in Figure 1 to allow room for a hand),
wherein the opening through the top side defines the handle that is a U-shaped handle (see Figure 1 wherein the handle is depicted as U-shaped, and the opening through the top side allows entry of a hand to grasp the U-shaped handle),
wherein a back of the portable rack is essentially vertical when the base (15) is disposed directly onto an essentially horizontal or flat surface (Figure 1 depicting the base 15 being flat and the back vertically extending from the base), and a connector for a power supply (connector with three apertures depicted in each of the slots) is disposed for each of the multiplicity of slots at the back of the portable rack and facing the front of the housing (see Figure 1), and
wherein the handle is provided in a front part of the top side of the housing (the housing has a “top side”, which is the structure above the upper slot 12, and that “top side” has both a front part and a back part. The handle is provided in the front part.).
Asama does not specifically teach a clamp for mounting the rack to a pole or a rail, but does depict three handles on the right side of the Figure 1. Hasegawa, which is also drawn to a rack (500) for infusion devices, the rack having a housing (501/502/540; Figure 2, 7) with multiple slots (C1,C2,C3) each having a connector (530; para [0088],[0089]) for a power supply depicted in the same manner as Asama, and having an integral handle (450; para [0078] teaching the handle is “fixed” to the housing), further teaches that the rack has a clamp (400) for mounting the rack (500) to a pole (para [0074], [0077]).
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of skill in the art with a reasonable expectation of success to include clamps as taught by Hasegawa on the rack of Asama (where Asama depicts the handles), in order to allow the rack to be mounted to a pole designated in a specific location and to maximize floor space if multiple racks need to be used, since several racks could be mounted vertically along a longer pole (para [0074] Hasegawa).
Asama does not specifically teach the top side of the housing being flat since Figure 1 is not very detailed to definitively determine if the top side is flat, but Figure 1 does appear to depict the upper surface of 10 as being flat (where the upper end of the unlabeled opening depends from) and the front surface (where the U-shaped handle extends from) as being vertical, with the two surfaces being connected with a small rounded edge.
Notwithstanding, Miller, which is also drawn to a portable rack (10) for manually transporting an object (100; Figure 1), wherein the rack comprises a base (15), and a housing (50) with a handle (70), further teaches the top side of the housing as being flat (portion 52 where the handle 70 is attached to is depicted as flat; Figure 4). Miller further teaches that the handle (70) may be any type of handle, including just “an opening in the housing” and teaches aligning the handle with the center of gravity of the supported load to balance the rack (para [0030]).
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of skill in the art with a reasonable expectation of success to use a flat top side where the opening defines a U-shaped handle as taught by Miller as a matter of design choice depending upon the type of handle desired by the user and depending upon the cost of manufacture for the specific handle. It would be within routine experimentation and design for those of skill in the art to design the optimum type of handle, such as the options laid out by Miller in para [0030], when determining the weight distribution of the rack as a whole, such that the rack may be transported in a balanced orientation.
Regarding Claim 17, Asama, Hasegawa, and Miller combined teach the portable rack according to claim 15, and Hasegawa further teaches wherein the clamp (400) is a screw pole clamp (Figure 5; para [0156]).
Regarding Claim 20, Asama, Hasegawa, and Miller combined teach the portable rack according to claim 15, and Asama further teaches further comprising a flat base (bottom of 15 is flat; Figure 1).
Regarding Claim 21, as best understood, Asama, Hasegawa, and Miller combined teach the portable rack according to claim 15, and Asama further teaches a communication link (col 5, ln 44-51) for the infusion devices (100). Asama does not specifically teach a power “supply” for the infusion devices, but does depict the connectors for a power supply. However, Hasegawa teaches both a communication link (para [0082], [0096]) and a power supply (as best understood, 530 is a connector for power connection; para [0088],[0089]). Therefore, it would have been obvious before the effective filing date of the claimed invention to one of skill in the art with a reasonable expectation of success to include a power supply as taught by Hasegawa on the rack of Asama in order to be able to power the pumps.
Regarding Claim 22, as best understood, as best understood, Asama, Hasegawa, and Miller combined teach the portable rack according to claim 15, and Hasegawa further teaches comprising a power supply (as best understood, 530 is a connector for power connection; para [0088],[0089]) for the infusion devices (100). Therefore, it would have been obvious before the effective filing date of the claimed invention to one of skill in the art with a reasonable expectation of success to include a power supply as taught by Hasegawa on the rack of Asama in order to be able to power the pumps.
Regarding Claim 23, Asama, Hasegawa, and Miller combined teach the portable rack according to claim 15, and Hasegawa further teaches wherein the housing has only two slots for attaching two infusion devices (100; para [0202] teaching that the number of slots can be varied and can include just two slots: ‘two mounting sections’). Therefore, it would have been obvious before the effective filing date of the claimed invention to one of skill in the art with a reasonable expectation of success to determine the optimum number of slots needed depending on the typical amount of infusion devices used, the weight of the racks, and user preference.
Regarding Claim 24, Asama, Hasegawa, and Miller combined teach the portable rack according to claim 15, and Asama further teach where the handle extends along an axis following a transversal direction (from left to right).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Asama, Hasewaga, and Miller, and further in view of Arnold.
Regarding Claim 18, Asama, Hasegawa, and Miller combined teach the portable rack according to claim 17, but do not specifically teach wherein the clamp has a release mechanism for sliding the screw pole clamp forward. However, Arnold, which is also drawn to a screw pole clamp, further teaches wherein the clamp has a release mechanism (10) for sliding the screw pole clamp (7/9) forward (para [0052],[0054] of the translation submitted by the Applicant in the IDS of 10/25/2022).
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of skill in the art with a reasonable expectation of success to use a screw pole clamp with a release mechanism as taught by Arnold on the rack of Asama and Hasegawa in order to make the adjustment of the screw clamp quicker and easier.
Response to Arguments
In response to Applicant’s arguments that if the handle of Asama is disposed at the front part of the top side of the housing, then the electrical plugs are also disposed at the front of the rack:
The Examiner has fully considered this, but it is not persuasive. First, the terms “back” and “front” are relative terms. Secondly, it is claimed that the “back” of the rack is vertical and the connectors are disposed at the back of the rack. By viewing Figure 1 of Asama, the “back” can be interpreted as the vertical portion that comprises the three handles on one side and the slots and connectors on the other side. Therefore, the limitation of the connectors being disposed at the back of the rack is met. Next, the handle is claimed as being provided “in a front part of the top side of the housing”. By viewing Figure 1 of Asama, it is clear that the rack has a “top side”, which is the structure above the three slots 12,13,14. This “top side” also clearly has a front part and a back part. The handle as depicted is located in “the front part” of the top side. Therefore, this limitation is also met.
The Applicant is arguing a limitation that is not claimed, and namely is just referring to the depth of the handle. Even if the limitation was clarified in the claims, the distance that the handle projects with respect to the remaining structure is well within routine experimentation and design of one of skill in the art. The Examiner has previously provided numerous prior art teaching a variety of handles that are configured to assure proper balancing of the rack. Depending on the type of pumps being used on the rack, specifically with respect to size, shape, weight etc, one of skill in the art would alter the projection/depth of the handle for proper balancing.
Therefore, there does not appear to be any novel subject matter.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to INGRID WEINHOLD whose telephone number is (571)272-8822. The examiner can normally be reached on Monday - Tuesday 7:00 AM - 5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached on 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/INGRID M WEINHOLD/
Primary Examiner, Art Unit 3632