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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims Status
Claims 1-20 are pending with claims 1-20 being examined.
Response to Arguments
Applicant’s arguments, see Remarks, filed March 16, 2026, with respect to the rejection of claim 1 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Shota (“Noninvasive and continuous hematocrit measurement by optical method without calibration”, Electronics and Comm. in Japan, 99(9), 2016) view of Barshad. (US 20180128790).
The double patenting rejection is withdrawn since applicant’s arguments are found persuasive.
Response to Amendment
As to the claim amendments and remarks filed on 03/16/2026, the previous rejections under 112(b) are withdrawn since Applicant removed the exemplary language from claims 5-11 and 20 and defined the “focal plane”.
The limitations in claim 13 are no longer interpreted under112(f) since the limitations no longer meet the 3-prong analysis (see MPEP 2181(I)).
The previous drawing objection is withdrawn. Applicant filed replacement drawings and the specification provides support for the elements in the replacement drawings.
The double patenting rejection is withdrawn since applicant’s arguments are found persuasive.
As to the remarks, the examiner has found the Applicant’s arguments persuasive and will be addressed below. The previous rejection has been modified to address the claim amendments.
Claim Interpretation
Claim limitation “system for deforming the tubular portion” in claim 18 has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “system” coupled with functional language “deforming the tubular portion” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier. The term “system” is merely a generic placeholder for the term “means.”
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim 18 has/have been interpreted to cover the combination of “a cover and groove” corresponding to structure described in the specification that achieves the claimed function, and equivalents thereof (Spec., Pg. 20, lines 21-27; Drawings, Fig. 6).
Claim Objections
Claim 13 is objected to because of the following informalities:
The reference language “(support: ¶¶[0144]-[01451])” at the end of the claim should be removed.
Claim 18 is objected to because of the following informalities:
The term “deformation” in the limitation “deformation system” should read as “deforming system” for consistency with “system for deforming” previously recited in line 1 of the claim.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claim 10 is 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 10 recites “wherein at least one collimation system comprises an upstream filter positioned between the corresponding light source and light sensor on the side of the light source with respect to the tubular portion, and/or a downstream filter positioned between the corresponding light source and light sensor on the side of the light sensor with respect to the tubular portion, the upstream and downstream filters of the collimation system of a transceiver assembly being provided to filter at least the emission wavelength of the light source of the other transceiver assembly”
The limitation “the upstream and downstream filters of the collimation system of a transceiver assembly” is indefinite. It is unclear whether the collimation system is required to comprise an upstream filter, downstream filter, or both; since claim 10 previously recites “and/or” in line 3 and subsequently recites “and” in line 5.
Further, it is unclear whether one or both collimation systems of the respective transceiver assemblies filter emission wavelengths since claim 10 previously recites “at least one collimation system” in lines 1-2.
The limitation will be interpreted as “the upstream filter and/or the downstream filter at least one collimation system of one transceiver assembly of the two transceiver assemblies being provided to filter at least the emission wavelength of the light source of the other transceiver assembly of the two transceiver assemblies” for consistency and clarity.
Claim Rejections - 35 USC § 103
Claims 1-9, 11, 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Shota (“Noninvasive and continuous hematocrit measurement by optical method without calibration” Electronics and Comm. in Japan, 99(9), 2016; hereinafter “Shota”, already of record) in view of Barshad. et al. (US 20180128790 A1; hereinafter “Barshad”).
Regarding claim 1, Shota teaches an apparatus for determining the hematocrit level and/or the hemoglobin level of a fluid circulating in a tubular portion (Shota; fig. 1. “sensing module” and “medical tubing”) comprising:
two transceiver assemblies (Shota; fig. 1; bottom and top attachment), each transceiver assembly comprising a light source (Shota; fig. 2. dual sensing modules “810 nm, 1300 nm”); and a light sensor (Shota; fig. 2. “optical detectors”) provided to be arranged on either side of the tubular portion (Shota; fig. 2. “optical detectors” and “medical tubing”);
the light source of each of the two transceiver assemblies being configured to emit light beams according to an emission wavelength chosen to correspond to an isosbestic point of hemoglobin (Shota; fig. 2. “sensing module 1300 nm).
Shota fails to teach each transceiver assembly further comprising a collimation system for collimating the light beam emitted from the corresponding light source in the direction of the corresponding light sensor.
However, Barshad teaches the analogous art of a detection system (Barshad; Title) that includes a transceiver assembly (Barshad; fig. 2. 4) that includes collimator lens (Collimation system) (Barshad; fig. 1B. 6, 11),wherein the light beam emitted from the corresponding light source in the direction of the corresponding light sensor (Barshad; [0031).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Shota’s two transceiver assemblies comprising a light source to include a collimation system as taught by Barshad because Barshad teaches a detection system (Barshad; Title) that includes a collimator lens (Collimation system) (Barshad; fig. 1B. 6, 11) and a light source (Barshad; fig. 1. 4) wherein the lenses collimate the light beam to form a concentrated beam (Barshad; [0031).
The modification allows to collimate the light beam to form a concentrated beam (Barshad; [0031).
Regarding claim 2, modified Shota teaches the apparatus of claim 1 (see above), comprising a support assembly on which the two transceiver assemblies are mounted, the support assembly being configured to be positioned around the tubular portion (Shota; fig. 1. “attachment for tubing” where the sensing modules are supported” appears to have screws for attaching the attachments).
Regarding claim 3, modified Shota teaches the apparatus of claim 1 (see above), wherein the respective light sources of the two transceiver assemblies are configured to emit light beams at two different emission wavelengths (Shota; fig. 1. “sensing module 810 nm” and “sensing module 1300nm).
Regarding claim 4, modified Shota teaches the apparatus of claim 1 (see above), wherein at least one of the light sources of the transceiver assemblies is configured to emit light beams according to an emission wavelength chosen for an absorption of the light beams substantially identical in water or in plasma (Shota; fig. 1. Sensing module 800nm “800nm isosbestic for plasma”).
Regarding claim 5, modified Shota teaches the apparatus of claim 1 (see above) to include at least one collimation system (see above).
Modified Shota does not explicitly teach wherein, with respect to the tubular portion, the light source being positioned at more or less 10mm from the focal plane of the upstream lens(es) assembly.
Modified Shota teaches a gap between the modules and the tubing (Shota; page 40. Col. 1 lines 8-9).
It would have been obvious to place the light source (module) at a 1mm distance from the tubing to avoid deforming the tubing (Shota; page 40. Col. 1 lines 8-10).
Modified Shota fails to teach the at least one collimation system comprises an upstream lens(es) assembly having a focal plane defined by optical characteristics of the upstream lens(es) assembly, and being positioned between the corresponding light source and light sensor on the side of the light source with respect to the tubular portion, the light source being positioned at more or less 10 mm from the focal plane of the upstream lens(es) assembly.
However, Barshad teaches the analogous art of a detection system (Barshad; Title) that includes a that includes collimator lenses (Collimation system) (Barshad; fig. 1B. 6, 11), and a light source (Barshad; fig. 2. 4), wherein at least one collimation system comprises an upstream lens(es) assembly (Barshad; fig. 1B. 6), having a focal plane defined by optical characteristics of the upstream lens(es) assembly (Barshad; fig. 2. 5), and being positioned between the corresponding light source (Barshad; fig. 2. 4), and light sensor on the side of the light source with respect to the tubular portion (Barshad; fig. 2. 13).
It would have been obvious to place the light source (module) at a distance more or less 10 mm from the focal plane of the upstream lens(es) assembly tubing to avoid deforming the lenses.
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Shota’s at least one collimation system to include an upstream lens(es) assembly having a focal plane defined by optical characteristics of the upstream lens(es) assembly, and being positioned between the corresponding light source and light sensor on the side of the light source with respect to the tubular portion as taught by Barshad because Barshad teaches a detection system (Barshad; Title) that includes a that includes collimator lenses (Collimation system) (Barshad; fig. 1B. 6, 11), and a light source (Barshad; fig. 2. 4), wherein at least one collimation system comprises an upstream lens(es) assembly (Barshad; fig. 1B. 6), having a focal plane defined by optical characteristics of the upstream lens(es) assembly (Barshad; fig. 2. 5), and being positioned between the corresponding light source (Barshad; fig. 2. 4), and light sensor on the side of the light source with respect to the tubular portion (Barshad; fig. 2. 13).
The modification of having upstream lenses allows for the sample to receive a consistent beam that reduces measurement variability.
Regarding claim 6, modified Shota teaches the apparatus of claim 1 (see above) to include at least one collimation system (see above).
Modified Shota does not explicitly teach wherein, with respect to the tubular portion, the light sensor being positioned at more or less 10mm from the focal plane of the downstream lens(es) assembly.
Shota teaches a emitter-detector at a distance of 2-6mm (Shota; fig. 5).
It would have been obvious to place the light sensor at a 2-6mm distance from each other as it is assumed that the optimal light receiving distance is 2-4mm (Shota; page 44. Col. 1 lines 22-23).
Modified Shota fails to teach the at least one, collimation system comprises a downstream lens(es) assembly having a focal plane defined by optical characteristics of the upstream lens(es) assembly, and being positioned between the corresponding light source and light sensor on the side of the light sensor with respect to the tubular portion, the light sensor being positioned at more or less 10mm from the focal plane of the set of downstream lens(es).
However, Barshad teaches the analogous art of a detection system (Barshad; Title) that includes a that includes collimator lenses (collimation system) (Barshad; fig. 1B. 6, 11), and a light source (Barshad; fig. 2. 4), wherein at least one collimation system comprises a downstream lens(es) assembly (Barshad; fig. 2. 11) having a focal plane defined by optical characteristics of the upstream lens(es) assembly (Barshad; fig. 2. 5), and being positioned between the corresponding light source and light sensor on the side of the light sensor with respect to the tubular portion (Barshad; fig. 2. 4).
Modified Shota does not explicitly teach the light sensor being positioned at more or less 10 mm from the focal plane of the of the set of downstream lens(s).
However, it is well known in the art that spectroscopy systems have an optical path of 10mm.
It would have been obvious to position the light sensor at more or less 10 mm from the focal plane of the of the set of downstream lens(s) in order to provide a consistent optical path ensuring reproducible measurements.
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Shota’s at least one collimation system to include a downstream lens(es) assembly having a focal plane defined by optical characteristics of the upstream lens(es) assembly, and being positioned between the corresponding light source and light sensor on the side of the light source with respect to the tubular portion as taught by Barshad because Barshad teaches a detection system (Barshad; Title) that includes a that includes collimator lenses (collimation system) (Barshad; fig. 1B. 6, 11), and a light source (Barshad; fig. 2. 4), wherein at least one collimation system comprises a downstream lens(es) assembly (Barshad; fig. 2. 11), having a focal plane defined by optical characteristics of the upstream lens(es) assembly (Barshad; fig. 2. 5), and being positioned between the corresponding light source (Barshad; fig. 2. 4), and light sensor on the side of the light source with respect to the tubular portion (Barshad; fig. 2. 13).
The modification of having downstream lenses allows to collect and focus the transmitted light.
Regarding claim 7, modified Shota teaches the apparatus of claim 1 (see above) to include at least one collimation system (see above).
Modified Shota fails to teach wherein at least one collimation system comprises a downstream lens(es) assembly having a focal plane defined by optical characteristics of the upstream lens(es) assembly, and being positioned between the corresponding light source and light sensor on the side of the light sensor with respect to the tubular portion, the set of downstream lens(es) is positioned so that the light beam leaving the wall of the outlet wall of the tubular portion converge at more or less 10 mm from the focal plane of the set of downstream lens(es).
However, Barshad teaches the analogous art of a detection system (Barshad; Title) that includes a that includes collimator lenses (collimation system) (Barshad; fig. 1B. 6, 11), and a light source (Barshad; fig. 2. 4), wherein at least one collimation system comprises a downstream lens(es) assembly (Barshad; fig. 2. 11) having a focal plane defined by optical characteristics of the upstream lens(es) assembly (Barshad; fig. 2. 5), and being positioned between the corresponding light source and light sensor on the side of the light sensor with respect to the tubular portion (Barshad; fig. 2. 4).
Modified Shota does not explicitly teach the set of downstream lens(es) is positioned so that the light beam leaving the wall of the outlet wall of the tubular portion converge at more or less 10 mm from the focal plane of the set of downstream lens(es).
However, it is well known in the art that spectroscopy systems have an optical path of 10mm.
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Shota’s at least one collimation system to include a downstream lens(es) assembly having a focal plane defined by optical characteristics of the upstream lens(es) assembly, and being positioned between the corresponding light source and light sensor on the side of the light sensor with respect to the tubular portion as taught by Barshad because Barshad teaches a detection system (Barshad; Title) that includes a that includes collimator lenses (Collimation system) (Barshad; fig. 1B. 6, 11), and a light source (Barshad; fig. 2. 4), wherein at least one collimation system comprises a downstream lens(es) assembly (Barshad; fig. 2. 11) having a focal plane defined by optical characteristics of the upstream lens(es) assembly (Barshad; fig. 2. 5), and being positioned between the corresponding light source and light sensor on the side of the light sensor with respect to the tubular portion (Barshad; fig. 2. 4).
The modification allows a consistent optical path ensuring reproducible measurements.
Regarding claim 8, modified Shota teaches the apparatus of claim 1 (see above) to include at least one collimation system (see above).
Modified Shota does not explicitly teach the at least one collimation system comprises an upstream diaphragm positioned between the corresponding light source and light sensor on the side of the light source
However, it would have been obvious to include an upstream diaphragm positioned between the corresponding light source and light sensor on the side of the light source
Regarding claim 9, modified Shota teaches the apparatus of claim 1 (see above) to include at least one collimation system (see above).
Modified Shota fails to teach the at least one collimation system comprises a downstream diaphragm positioned between the corresponding light source and light sensor on the side of the light sensor with respect to the tubular portion, the downstream diaphragm being provided to let pass a central portion of the light beams transmitted through the tubular portion in the direction of the light sensor and to stop a peripheral portion of the light beams transmitted through the tubular portion.
However, it would have been obvious to include a downstream diaphragm positioned between the corresponding light source and light sensor on the side of the light sensor with respect to the tubular portion in order to control the light beam.
Regarding claim 11, modified Shota teaches the apparatus of claim 1 (see above), wherein: the light source of a first of the two transceiver assemblies is configured to emit light beams at a wavelength comprised between 780 nm and 840 nm (Shota; fig. 1; sensing module 810nm), and the light source of a second of the two transceiver assemblies is configured to emit light beams at a wavelength comprised between 1,270 nm and 1,330 nm (Shota; fig. 1 sensing module 1300nm).
Regarding claim 13, modified Shota teaches the apparatus of claim 1 (see above), further comprising a monitoring system comprising a controller configured to synchronize activation of the light sources and/or to modify power emitted by the light sources as a function of signals received from the light sensors (Shota; page. 40 Col. 1 lines 20-6 to Col. 2 lines 1-3).
Regarding claim 14, modified Shota teaches the apparatus of claim 1 (see above), wherein the transceiver assemblies are assembled on a single support (Shota; fig. 1. Illustrates what appears to be the screws holding both transceiver assemblies) having a groove intended to receive the tubular portion (Shota; fig. 1. “attachment for tubing” appears to have a groove intended to receive the tubular portion).
Regarding claim 15, modified Shota teaches the apparatus of claim 14 (see above), further comprising a cover (Shota; fig. 1 the top part of the transceiver assemblies appears to partially cover the groove), said cover comprising a compression portion intended to hold in position the tubular portion positioned in the groove (Shota; fig. 1 illustrates what appears to be screws (compressing portion) that hold in position the tubular portion positioned in the groove).
Regarding claim 17, modified Shota teaches the apparatus of claim 1 (see above), provided for a determination of the hematocrit level and/or the hemoglobin level without deformation of the tubular portion (Shota; page. 40 Col. 1 lines 9-10).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Shota in view of Barshad as applied to claim 1 above, and further in view of Carim et al (US 5553615, hereinafter “Carim”).
Regarding claim 10, modified Shota teaches the apparatus of claim 1 (see above) to include at least one collimation system (see above).
Modified Shota fails to teach the at least one collimation system comprises an upstream filter positioned between the corresponding light source and light sensor on the side of the light source with respect to the tubular portion, and/or a downstream filter positioned between the corresponding light source and light sensor on the side of the light sensor with respect to the tubular portion, the upstream and downstream filters of the collimation system of a transceiver assembly being provided to filter at least the emission wavelength of the light source of the other transceiver assembly.
However, Carim teaches the analogous art of an apparatus for prediction of hematocrit (Carim; Title) that includes a tubular portion (Carim; Fig. 4. 328) wherein the apparatus that includes a collimation system (Carim; fig. 4. 334) comprises an upstream filter (Carim; fig. 4. 336) positioned between the corresponding light source and light sensor (Carim; fig. 4. 332, 334, 336) on the side of the light source (Carim; fig. 4. 312) with respect to the tubular portion (Carim. Fig. 4. 328).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Shota’s collimation system to include an upstream filter positioned between the corresponding light source and light sensor on the side of the light source with respect to the tubular portion as taught by Carim because Carim teaches an apparatus that includes a collimation system (Carim; fig. 4. 334) comprises an upstream filter (Carim; fig. 4. 336) positioned between the corresponding light source and light sensor (Carim; fig. 4. 332, 334, 336) on the side of the light source (Carim; fig. 4. 312) with respect to the tubular portion (Carim; Fig. 4. 328).
The modification allows to filter the emission wavelength of the light source to the transceiver assembly.
Claims 12, 16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Shota in view of Barshad, and further in view of Barrett et al. (US 20120218541 A1; hereinafter “Barrett”).
Regarding claim 12, modified Shota teaches the apparatus of claim 1 (see above), to include light sources (see above).
Modified Shota fails to teach wherein the light sources of the transceiver assemblies are positioned on the same side with respect to the tubular portion.
However, Barret teaches the analogous art of a device for hematocrit monitoring (Barret; fig. 5A and [0024]) wherein the device includes light sources (Barret; fig. 5A 84, 86, 88) wherein the light sources of the transceiver assemblies are positioned on the same side with respect to the tubular portion (Barret; fig. 5A 84, 86, 88).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Shota’s light sources to be positioned on the same side with respect to the tubular portion as taught by Barret because Barret teaches a device for hematocrit monitoring (Barret; fig. 5A and [0024]) wherein the device includes light sources (Barret; fig. 5A 84, 86, 88) wherein the light sources of the transceiver assemblies are positioned on the same side with respect to the tubular portion (Barret; fig. 5A 84, 86, 88).
The modification allows to emit light beams with the different wavelengths simultaneously.
Regarding claim 16, modified Shota teaches the apparatus of claim 1 (see above), to include light sources and transceiver assemblies (see above).
Modified Shota fails to teach wherein the light sources and all elements of the transceiver assemblies provided to be on the side of the corresponding light source with respect to the tubular portion are assembled on an upstream support, and the light sensors and all elements of the transceiver assemblies provided to be on the side of the corresponding light sensor with respect to the tubular portion are assembled on a downstream support distinct from the upstream support, the downstream and upstream supports having complementary shapes provided to be coupled so as to enclose the tubular portion.
However, Barret teaches the analogous art of a device for hematocrit monitoring (Barret; fig. 5A and [0024]) that includes light sources (Barret; fig. 5A. 84, 86, 90) and transceiver assemblies (Barret; fig. 5A. 90, 92) wherein the light sources and all elements of the transceiver assemblies provided to be on the side of the corresponding light source with respect to the tubular portion are assembled on an upstream support (Barrett; fig. 5A. 84, 86, 90), and the light sensors and all elements of the transceiver assemblies provided to be on the side of the corresponding light sensor with respect to the tubular portion are assembled on a downstream support distinct from the upstream support (Barrett; fig. 5A. 92, 93, 95), the downstream and upstream supports having complementary shapes provided to be coupled so as to enclose the tubular portion (Barrett; fig. 20A. 344, 346).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Shota’s light sources and transceiver assemblies and all elements of the transceiver assemblies to be provided to be on the side of the corresponding light source with respect to the tubular portion to be assembled on an upstream support, and the light sensors and all elements of the transceiver assemblies provided to be on the side of the corresponding light sensor with respect to the tubular portion are assembled on a downstream support distinct from the upstream support, the downstream and upstream supports having complementary shapes provided to be coupled so as to enclose the tubular portion as taught by Barret because Barret teaches a device for hematocrit monitoring (Barret; fig. 5A and [0024]) that includes light sources (Barret; fig. 5A. 84, 86, 90) and transceiver assemblies (Barret; fig. 5A. 90, 92) wherein the light sources and all elements of the transceiver assemblies provided to be on the side of the corresponding light source with respect to the tubular portion are assembled on an upstream support (Barrett; fig. 5A. 84, 86, 90), and the light sensors and all elements of the transceiver assemblies provided to be on the side of the corresponding light sensor with respect to the tubular portion are assembled on a downstream support distinct from the upstream support (Barrett; fig. 5A. 92, 93, 95), the downstream and upstream supports having complementary shapes provided to be coupled so as to enclose the tubular portion (Barrett; fig. 20A. 344, 346).
The modification allows to emit light beams with the different wavelengths simultaneously.
Regarding claim 18, modified Shota teaches the apparatus of claim 1 (see above), to include a tubular portion (see above).
Modified Shota fails to teach a system for deforming the tubular portion facing the transceiver assemblies, the deformation system being provided to deform a circular section of the tubular portion into an ellipsoidal section.
However, Barret teaches the analogous art of a device for hematocrit monitoring (Barret; fig. 5A and [0024]) that includes a tubular portion (Barret; fig. 20A. 21) that includes a system for deforming the tubular portion facing the transceiver assemblies, the deformation system being provided to deform a circular section of the tubular portion into an ellipsoidal section (Barrett; fig. 20A. 21, 300, 334, 344, 346 illustrates a tubular portion facing the transceiver assemblies and a sensor clip assembly which is capable of deforming the tubular portion).
Examiner notes that Applicant does not disclose what the system for deforming a tubular portion is therefore. Barret’s sensor clip assembly meets the limitation until further clarification is provided.
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Shota’s tubular portion to include a system for deforming the tubular portion facing the transceiver assemblies, the deformation system being provided to deform a circular section of the tubular portion into an ellipsoidal section as taught by Barret because Barret teaches a device for hematocrit monitoring (Barret; fig. 5A and [0024]) that includes a tubular portion (Barret; fig. 20A. 21) that includes a system for deforming the tubular portion facing the transceiver assemblies, the deformation system being provided to deform a circular section of the tubular portion into an ellipsoidal section (Barrett; fig. 20A. 21, 300, 334, 344, 346 teaches a tubular portion facing the transceiver assemblies and a sensor clip assembly which is capable of deforming the tubular portion).
The modification allows to increase the flow of the fluid.
Regarding claim 19, modified Shota teaches the apparatus of claim 18 (see above), to include light sources and transceiver assemblies (see above).
Modified Shota fails to teach wherein the light sources and all elements of the transceiver assemblies provided to be on the side of the corresponding light source with respect to the tubular portion are positioned on one side of a major axis defining the ellipsoidal section, and the light sensors and all elements of the transceiver assemblies provided to be on the side of the corresponding light sensor with respect to the tubular portion are positioned on the other side of the major axis defining the ellipsoidal section.
However, Barret teaches the analogous art of a device for hematocrit monitoring (Barret; fig. 5A and [0024]) that includes light sources (Barret; fig. 5A. 84, 86, 90) and transceiver assemblies (Barret; fig. 5A. 90, 92) wherein the light sources and all elements of the transceiver assemblies provided to be on the side of the corresponding light source with respect to the tubular portion are positioned on one side of a major axis (Barrett; fig. 5A. 84, 86) defining the ellipsoidal section, and the light sensors and all elements of the transceiver assemblies provided to be on the side of the corresponding light sensor with respect to the tubular portion are positioned on the other side of the major axis (Barrett; fig. 5A. 93, 95) defining the ellipsoidal section.
Modified Barrett does not explicitly teach the tubular portion defines an ellipsoidal section on one side of the major axis.
However, Examiner notes that Barrett teaches a system for deforming the tubular portion.
It would have been obvious the tubular portion would define an ellipsoidal section on one side of the major axis provided Barrett’s system for deforming the tubular portion deforms the circular section in the same manner as disclosed by Applicant [0134].
The tube deformation would create an ellipsoidal section.
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Shota’s light sources and transceiver assemblies and all elements of the transceiver assemblies to be provided on the side of the corresponding light source with respect to the tubular portion are positioned on one side of a major axis defining the ellipsoidal section, and the light sensors and all elements of the transceiver assemblies provided to be on the side of the corresponding light sensor with respect to the tubular portion are positioned on the other side of the major axis defining the ellipsoidal section as taught by Barret because Barret teaches a device for hematocrit monitoring (Barret; fig. 5A and [0024]) that includes light sources (Barret; fig. 5A. 84, 86, 90) and transceiver assemblies (Barret; fig. 5A. 90, 92) wherein the light sources and all elements of the transceiver assemblies provided to be on the side of the corresponding light source with respect to the tubular portion are positioned on one side of a major axis (Barrett; fig. 5A. 84, 86) defining the ellipsoidal section, and the light sensors and all elements of the transceiver assemblies provided to be on the side of the corresponding light sensor with respect to the tubular portion are positioned on the other side of the major axis (Barrett; fig. 5A. 93, 95) defining the ellipsoidal section.
The modification allows to emit light beams with the different wavelengths simultaneously.
Regarding claim 20, modified Shota teaches the apparatus of claim 19 (see above) to include a tubular portion and a system for deforming the tubular portion that could create an ellipsoidal section (see above).
Modified Shota does not explicitly teach the ellipsoidal section is defined by a major radius along the major axis and by a minor radius along a minor axis perpendicular to the minor axis, the ellipsoidal section having, in a deformed state of the tubular portion, the minor radius having a length comprised between 30% and 70% of a radius of the circular section of the tubular portion in an undeformed state.
However, Barret teaches the analogous art of a device for hematocrit monitoring (Barret; fig. 5A and [0024]) that includes a tubular portion (Barret; fig. 20A. 21).
Barrett teaches the cross section of a tubular portion (Barrett; fig; 25A. 25D) that has a small radius in the length of 50% of the circumference of the tubular portion.
It would have been obvious for the tubular portion to have an ellipsoidal section having, in a deformed state of the tubular portion, a small radius having a length comprised between 30% and 70% provided Barret’s system for deforming the tubular portion deforms the circular section in the same manner as disclosed by Applicant [0134]).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Shota’s tubular portion and a system for deforming the tubular portion that could create an ellipsoidal section to have an ellipsoidal section having, in a deformed state of the tubular portion, a small radius having a length comprised between 30% and 70% provided Barret’s system for deforming the tubular portion deforms the circular section as taught by Barret because Barret teaches a device for hematocrit monitoring (Barret; fig. 5A and [0024]) that includes a tubular portion (Barret; fig. 20A. 21) wherein the cross section of a tubular portion (Barrett; fig; 25A. 25D) that has a small radius in the length of 50% of the circumference of the tubular portion.
The modification allows to increase the flow of the fluid.
Applicant’s claims are directed to an apparatus. The ellipsoidal section of the tubular portion is an intended use of the apparatus, which does not add patentability to an apparatus not distinguished from the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX RAMIREZ whose telephone number is (571)272-9756. The examiner can normally be reached Monday - Friday 8:00 - 5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Capozzi can be reached at (571) 270-3638. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/A.R./Examiner, Art Unit 1798
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798
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