Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments, see Remarks page 1, filed 18 May 2026, with respect to the objections to the drawings have been fully considered and are persuasive in light of the amendments. The objections to the drawings have been withdrawn.
Applicant’s arguments, see Remarks page 1, filed 18 May 2026, with respect to the objections to the claims have been fully considered and are persuasive in light of the amendments. The objections to the claims have been withdrawn.
Applicant’s arguments, see Remarks page 2, filed 18 May 2026, with respect to the 112(b) rejections of the claims 9, 10, 19, and 20 have been fully considered and are persuasive in light of the amendments. The 112(b) rejections of claims 9, 10, 19, and 20 have been withdrawn.
Applicant’s arguments, see Remarks page 2, filed 18 May 2026, with respect to the rejections of claims 1 – 4, 7, 8, 11-14, 17, and 18 under 35 U.S.C 102 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 Therefore, the rejection has been withdrawn.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 Benam et al in view Walters et al.
Applicant’s arguments, see Remarks page 3, filed 18 May 2026, with respect to the rejections of claims 5, 6, 15, and 16 as well as 9, 10, 19, and 20 under 35 U.S.C 103 have been fully considered and but are not persuasive. The prior art of Walters et al further teaches an alligator-style clip, as recited in amended claim 1. Please see detailed rejection beginning on page 11 for further details.
Status of Claims
Applicant's amendments to the claims filed 18 May 2026 have been entered. Applicant's remarks filed 18 May 2026 are acknowledged.
Claims 1, 5, 9, 11, 12, 15, and 19 are in status “Currently amended.” Claims 2 – 4,6 – 8, 10, 13, 14, 16 – 19, and 20 are in status “Original.”
Claim Rejections - 35 USC § 103
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 1 – 4, 7, 8, 11 – 14, 17, and 18 are rejected under 35 U.S.C. 102(a)(1) as being obvious over Benam et al (US 20180080925 A1) in view of Walters et al (US 5961495).
With regards to claim 1, Benam et al teaches;
The claimed “a microfluidic device” has been read on the taught ([0003], “…the invention relates to a system for testing responses of cell culture systems in microfluidic devices…”);
The claimed “a microfluidic circuit” has been read on the taught ([0011], “The microfluidic device includes a body and a porous membrane. The body at least partially defines a first microchannel and a second microchannel.”);
The claimed “microfluidic circuit comprising at least a reservoir configured to contain at least a fluid; and an active flow component in fluidic communication with the at least a reservoir” has been read on the taught ([0093], “The reservoir 503 is an airtight chamber... Here, the fluid mixed with the one or more agents can collect and further mix prior to either being drawn into the OOC 10 based on the operation of the fluid pump 300…”; The OOC (organ on a chip) reads on a microfluidic circuit. A reservoir 503 reads on a reservoir. Fluid pump 300 reads on an active flow component.);
The claimed “wherein the active flow component comprises a barrel; and a plunger at a first position within the barrel” has been read on the taught ([0014], “Each of the syringes comprises a plunger supported within a barrel and an end with a port in fluid communication with at least one of the one or more microfluidic devices.”; A barrel reads on a barrel. A plunger supported within a barrel reads on a plunger at a first position within the barrel.);
The claimed “an actuator configured to: initiate an active flow process as a function of the active flow component” has been read on the taught ([0053], “As shown FIG. 3A, the fluid pump 300 includes a motor 301.”; [0059], “The fluid pump 300 further contains syringes 319…”; Motor 301 reads on an actuator. The fluid pump containing syringes reads on the actuator being configured to initiate an active flow process as a function of the active flow component (read on the syringes).);
The claimed “wherein initiating the active flow process comprises: accepting the plunger using a mechanical interface mechanically communicated to the actuator” has been read on the taught ([0061], “Opposing ends 321b of the plungers 321 are coupled to the plate 307c. […] the plate 307c can include gaskets (not shown) built within the plate 307c that couple to the ends 321b of the plungers 321…”; ); The opposing end of the plunger being coupled to plate 307 via a gasket reads on accepting the plunger using a mechanical interface mechanically communicated to the actuator. [0062] describes how the plate 307c is mechanically communicated to the actuator.);
The claimed wherein initiating the active flow process further comprises “moving the plunger within the barrel from the first position to a second position based on predetermined flow properties” has been read on the taught ([0064], “A second factor that controls the amount of moved fluid is the amount of actuation of the syringes 319 by the motor 301. By way of example, and without limitation, the motor 301 can cause the plungers 321 to actuate 1 to 20 cm within the barrels 323…”; [0071], “…the controller 327 allows an operator of the fluid pump 300 to program various rhythms and volumes for the flow of fluid into and out of the OOC 10…”; The rhythms and volumes read on predetermined flow properties.);
The claimed actuator further configured to “flow the at least a fluid unidirectionally as a function of the active flow process” has been read on the taught ([0064], “…the fluid pump 300 is designed to provide precise and accurate control of an amount of fluid to the OOC 10.”; Providing an amount of fluid to the OOC reads on the actuator being configured to flow a fluid unidirectionally).
However, Benam et al does not explicitly disclose wherein the mechanical interface further comprises an alligator-style claw.
In the analogous art of syringe-handling devices, Walters et al teaches;
“An active flow component including a plunger” has been read on the taught (Column 4, line 20, “The drive mechanism is comprised of a plunger 100…”);
The claimed “wherein the mechanical interface further comprises an alligator-style claw” has been read on the taught (Column 7, line 14, “A spring clip flange 223 is attached to proximal end of each spring clip finger 221 and includes a through hole for receiving plunger shaft 101 of plunger 100.”; Spring clip with flange and fingers read on an alligator-style claw.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device as taught by Benam et al with the alligator-style clip as taught by Walters et al. According to MPEP 2143(I)(B), simple substitution of one known element for another to obtain predictable results may be prima facie obvious. In the case of the instant invention, the prior art of Benam et al contains a device which differs from the claimed device by the substitution of an alligator-style clip with a clamping plate. The prior art of Walters et al teaches the substituted component of an alligator-style clamp and its function in the art of syringe pumps. One of ordinary skill in the art could have substituted the alligator-style clamp, for the predictable result of coupling the plunger to a mechanical actuator.
With regards to claim 2, the apparatus of claim 1 is obvious over Benam et al in view of Walters et al.
Benam et al additionally teaches;
The claimed “wherein the plunger comprises a shaft” has been read on the taught (Figure 3G, plunger 321; [0061], “Ends 321a of the plungers 321 are inserted into the barrels 323.”; End 321a read on a shaft, as can be seen in the cylindrical member shown in Figure 3G).
With regards to claim 3, the apparatus of claim 1 is obvious over Benam et al in view of Walters et al.
Benam et al additionally teaches;
The claimed “wherein the actuator comprises a linear actuator” has been read on the taught ([0058], “Accordingly, rotation of the lead screw 303 by the motor 301 causes the traveling nut 317 to translate about the lead screw 303 in the directions represented by the arrow in FIG. 3F.”; The directions represented by the arrow in Figure 3F show that the motion generated by the motor is communicated in a single linear direction. This reads on the actuator comprising a linear actuator).
With regards to claim 4, the apparatus of claim 1 is obvious over Benam et al in view of Walters et al.
Benam et al additionally teaches;
The claimed “wherein the actuator comprises a housing” has been read on the taught ([0104], “…the motor 601 can be the same type of motor as the motor 301 of the fluid pump 300 discussed above.”; [0111], “… a housing 623 (FIG. 6B) that houses the motor 601.”; A housing that houses motor 601 reads on a housing. [0104] supports that this housing could be applied to the motor 301, which reads on the actuator).
With regards to claim 5, the apparatus of claim 1 is obvious over Benam et al in view of Walters et al.
Benam et al does not explicitly disclose wherein the mechanical interface comprises a collar configured to constrain the claw.
Walters et al further teaches;
The claimed “wherein the mechanical interface comprises a collar configured to constrain the claw” has been read on the taught (Column 7, line 15, “FIG. 10 also shows a spring clip housing 230.”; Spring clip housing 230 reads on a collar configured to constrain the claw.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device including a mechanical interface with an alligator-style clip as taught by Benam et al in view of Walters et al with the collar as taught by Walters et al, for the predictable result of allowing the assembled interface to grasp and move a plunger (Walters et al, column 7, line 26, “Spring clip 220 and spring clip housing 230 provides the same features that the collet assembly in the earlier embodiment provides by using a pair of spring clip fingers 221 to grab plunger shaft 101 and move plunger 100 in a distal direction…”).
With regards to claim 6, the apparatus of claim 5 is obvious over Benam et al in view of Walters et al.
Benam et al does not explicitly disclose wherein the collar is preloaded by a spring.
Walters et al further teaches;
The claimed “wherein the collar is preloaded by a spring” has been read on the taught (Column 7, line 15, “FIG. 10 also shows a spring clip housing 230.”; The spring clip housing holding the spring, as shown in figure 10, reads on the collar being preloaded by a spring.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device including a mechanical interface with an alligator-style clip as taught by Benam et al in view of Walters et al with the spring-loaded collar as taught by Walters et al, for the predictable result of allowing the assembled interface to grasp and move a plunger (Walters et al, column 7, line 26, “Spring clip 220 and spring clip housing 230 provides the same features that the collet assembly in the earlier embodiment provides by using a pair of spring clip fingers 221 to grab plunger shaft 101 and move plunger 100 in a distal direction…”).
With regards to claim 7, the apparatus of claim 1 is obvious over Benam et al in view of Walters et al.
Benam et al additionally teaches;
The claimed “wherein the active flow process comprises a reverse flow process and a forward flow process” has been read on the taught ([0062], “Thus, the fluid pump 300, with the motor 301 actuating the syringes 319, allows for a precise and accurate control of bi-directional fluid flow through one or more OOCs 10.”; Bi-directional fluid flow reads on a reverse flow process and a forward flow process.).
With regards to claim 8, the apparatus of claim 1 is obvious over Benam et al in view of Walters et al.
Benam et al additionally teaches;
The claimed, “wherein flowing the at least a fluid comprises: flowing the at least a fluid through a sensor area, wherein the sensor area comprises at least a sensor device and at least a sensor interface” has been read on the taught ([0050], “The OOC 10 preferably includes an optical window that permits viewing of the fluids, media, particulates, etc. as they move across the cell layer 42 and/or the cell layer 44. Various image-gathering techniques, such as spectroscopy and microscopy, can be used to quantify and evaluate the effects of the fluid flow in the microchannels 34 and 36…”; The optical window reads on a sensor area. The portion of the optical window that permits the viewing of the fluid reads on the sensor interface. A microscope (which one of ordinary skill in the art will recognize is required for the image-gathering technique of microscopy) reads on at least a sensor device).
With regards to claim 11, Benam et al teaches;
The claimed “a method for actuating of fluids in a biosensor cartridge” reads on the taught ([0016], “The method includes providing (i) a microfluidic device comprising a body that at least partially defines a microchannel and (ii) a fluid. The method further includes introducing a portion of said fluid into said microchannel so as to cause said fluid to move in a first direction.”);
The claimed “wherein the method comprises: initiating, using an actuator, an active flow process as a function of an active flow component of a microfluidic device” has been read on the taught ([0014], “Operation of the motor causes the one of the first plate and the second plate to translate about the lead screw... The rotation of the lead screw causes the plurality of syringes to draw in and push out the fluid to bi-directionally move the fluid within the microfluidic devices.”);
The claimed “the microfluidic device further comprising a microfluidic circuit containing at least a reservoir configured to contain at least a fluid; the active flow component in fluidic communication with the at least a reservoir” has been read on the taught ([0093], “The reservoir 503 is an airtight chamber... Here, the fluid mixed with the one or more agents can collect and further mix prior to either being drawn into the OOC 10 based on the operation of the fluid pump 300…”; The OOC (organ on a chip) reads on a microfluidic circuit. A reservoir 503 reads on a reservoir. Fluid pump 300 reads on an active flow component.);
The claimed “the active flow component comprises: a barrel and a plunger at a first position within the barrel” has been read on the taught ([0014], “Each of the syringes comprises a plunger supported within a barrel and an end with a port in fluid communication with at least one of the one or more microfluidic devices.”; A barrel reads on a barrel. A plunger supported within a barrel reads on a plunger at a first position within the barrel.);
The claimed wherein “initiating the active flow process comprises: accepting the plunger using a mechanical interface mechanically communicated to the actuator” has been read on the taught ([0061], “Opposing ends 321b of the plungers 321 are coupled to the plate 307c. […] the plate 307c can include gaskets (not shown) built within the plate 307c that couple to the ends 321b of the plungers 321 and allow the ends 321b to be selectively decoupled from the plate 307c.”; The gasket which couples to the ends of the plungers reads on accepting the plunger using a mechanical interface. [0062] describes how the plate 307c is mechanically communicated to the actuator.);
The claimed “moving the plunger within the barrel from the first position to a second position based on predetermined flow properties” has been read on the taught ([0064], “A second factor that controls the amount of moved fluid is the amount of actuation of the syringes 319 by the motor 301. By way of example, and without limitation, the motor 301 can cause the plungers 321 to actuate 1 to 20 cm within the barrels 323…”; [0071], “…the controller 327 allows an operator of the fluid pump 300 to program various rhythms and volumes for the flow of fluid into and out of the OOC 10…”; The rhythms and volumes read on predetermined flow properties.);
The claimed “flowing, using the actuator, the at least a fluid unidirectionally as a function of the active flow process” has been read on the taught ([0064], “…the motor 301 can cause the plungers 321 to actuate 1 to 20 cm within the barrels 323, such as 3 cm. Based on at least the above two factors, the fluid pump 300 is designed to provide precise and accurate control of an amount of fluid to the OOC 10.”; Providing an amount of fluid to the OOC reads on the actuator being configured to flow a fluid unidirectionally.).
However, Benam et al does not explicitly disclose wherein the mechanical interface further comprises an alligator-style claw.
In the analogous art of syringe-handling devices, Walters et al teaches;
“An active flow component including a plunger” has been read on the taught (Column 4, line 20, “The drive mechanism is comprised of a plunger 100…”);
The claimed “wherein the mechanical interface further comprises an alligator-style claw” has been read on the taught (Column 7, line 14, “A spring clip flange 223 is attached to proximal end of each spring clip finger 221 and includes a through hole for receiving plunger shaft 101 of plunger 100.”; Spring clip with flange and fingers read on an alligator-style claw.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method as taught by Benam et al with the alligator-style clip as taught by Walters et al. According to MPEP 2143(I)(B), simple substitution of one known element for another to obtain predictable results may be prima facie obvious. In the case of the instant invention, the prior art of Benam et al contains a device which differs from the claimed device by the substitution of an alligator-style clip with a clamping plate. The prior art of Walters et al teaches the substituted component of an alligator-style clamp and its function in the art of syringe pumps. One of ordinary skill in the art could have substituted the alligator-style clamp, for the predictable result of coupling the plunger to a mechanical actuator.
With regards to claim 12, the method of claim 11 is obvious over Benam et al in view of Walters et al.
Benam et al additionally teaches;
The claimed “wherein the plunger comprises a shaft” has been read on the taught (Figure 3G, plunger 321; [0061], “Ends 321a of the plungers 321 are inserted into the barrels 323.”; End 321a read on a shaft, as can be seen in the cylindrical member shown in Figure 3G).
With regards to claim 13, the method of claim 11 is obvious over Benam et al in view of Walters et al.
Benam et al additionally teaches;
The claimed “wherein the actuator comprises a linear actuator” has been read on the taught ([0058], “Accordingly, rotation of the lead screw 303 by the motor 301 causes the traveling nut 317 to translate about the lead screw 303 in the directions represented by the arrow in FIG. 3F.”; The directions represented by the arrow in Figure 3F show that the motion generated by the motor is communicated in a single linear direction. This reads on the actuator comprising a linear actuator).
With regards to claim 14, the method of claim 11 is obvious over Benam et al in view of Walters et al.
Benam et al additionally teaches;
The claimed “wherein the actuator comprises a housing” has been read on the taught ([0104], “…the motor 601 can be the same type of motor as the motor 301 of the fluid pump 300 discussed above.”; [0111], “… a housing 623 (FIG. 6B) that houses the motor 601.”; A housing that houses motor 601 reads on a housing. [0104] supports that this housing could be applied to the motor 301, which reads on the actuator).
With regards to claim 15, the method of claim 11 is obvious over Benam et al in view of Walters et al.
Benam et al does not explicitly disclose wherein the mechanical interface comprises a collar configured to constrain the claw.
Walters et al further teaches;
The claimed “wherein the mechanical interface comprises a collar configured to constrain the claw” has been read on the taught (Column 7, line 15, “FIG. 10 also shows a spring clip housing 230.”; Spring clip housing 230 reads on a collar configured to constrain the claw.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method including a mechanical interface with an alligator-style clip as taught by Benam et al in view of Walters et al with the collar as taught by Walters et al, for the predictable result of allowing the assembled interface to grasp and move a plunger (Walters et al, column 7, line 26, “Spring clip 220 and spring clip housing 230 provides the same features that the collet assembly in the earlier embodiment provides by using a pair of spring clip fingers 221 to grab plunger shaft 101 and move plunger 100 in a distal direction…”).
With regards to claim 16, the method of claim 15 is obvious over Benam et al in view of Walters et al.
Benam et al does not explicitly disclose wherein the collar is preloaded by a spring.
Walters et al further teaches;
The claimed “wherein the collar is preloaded by a spring” has been read on the taught (Column 7, line 15, “FIG. 10 also shows a spring clip housing 230.”; The spring clip housing holding the spring, as shown in figure 10, reads on the collar being preloaded by a spring.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method including a mechanical interface with an alligator-style clip as taught by Benam et al in view of Walters et al with the spring-loaded collar as taught by Walters et al, for the predictable result of allowing the assembled interface to grasp and move a plunger (Walters et al, column 7, line 26, “Spring clip 220 and spring clip housing 230 provides the same features that the collet assembly in the earlier embodiment provides by using a pair of spring clip fingers 221 to grab plunger shaft 101 and move plunger 100 in a distal direction…”).
With regards to claim 17, the method of claim 11 is obvious over Benam et al in view of Walters et al.
Benam et al additionally teaches;
The claimed “wherein the active flow process comprises a reverse flow process and a forward flow process” has been read on the taught ([0062], “Thus, the fluid pump 300, with the motor 301 actuating the syringes 319, allows for a precise and accurate control of bi-directional fluid flow through one or more OOCs 10.”; Bi-directional fluid flow reads on a reverse flow process and a forward flow process.).
With regards to claim 18, the method of claim 11 is obvious over Benam et al in view of Walters et al.
Benam et al additionally teaches;
The claimed, “wherein flowing the at least a fluid comprises: flowing the at least a fluid through a sensor area, wherein the sensor area comprises at least a sensor device and at least a sensor interface” has been read on the taught ([0050], “The OOC 10 preferably includes an optical window that permits viewing of the fluids, media, particulates, etc. as they move across the cell layer 42 and/or the cell layer 44. Various image-gathering techniques, such as spectroscopy and microscopy, can be used to quantify and evaluate the effects of the fluid flow in the microchannels 34 and 36…”; The optical window reads on a sensor area. The portion of the optical window that permits the viewing of the fluid reads on the sensor interface. A microscope (which one of ordinary skill in the art will recognize is required for the image-gathering technique of microscopy) reads on at least a sensor device).
Claims 9, 10, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Benam et al (US 20180080925 A1) in view of Walters et al (US 5961495 A) and further in view of Hebrank (US 4903635 A).
With regards to claim 9, the apparatus of claim 6 is obvious over Benam et al in view of Walters et al.
However, Benam et al in view of Walters et al does not explicitly disclose wherein the actuator is further configured to initiate the forward active flow process when the plunger contacts the spring as the plunger moves within the barrel from the first position to the second position.
In the analogous art of syringe-handling devices, Hebrank teaches;
The claimed “wherein the actuator is further configured to initiate the forward active flow process when the plunger contacts the spring as the plunger moves within the barrel from the first position to the second position” has been read on the taught (Column 6, line 12, “As illustrated in FIGS. 3 and 4, the fluid pump 51 is a syringe-type pump operated by the pump drive plate 52 which drives the syringe plunger 53. The pump 51 includes a plunger return spring 54 which recycles the plunger after the drive plate 52 returns.”; Plate 52 which drives the syringe plunger 53 reads on the actuator, analogous to the plate taught by Benam et al. Plunger return spring 54 reads on a spring. As shown in figures 3 and 4, the plunger contacts the spring as the plunger is depressed within the barrel, reading on moving from the first position to the second position).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device including an actuator and collet for holding a syringe plunger as taught by Benam et al in view of Walters et al with the teachings of Hebrank, wherein the spring wherein the plunger contacts the spring as the plunger moves within the barrel from the first position to the second position. According to MPEP 2143(I)(A), combining prior art elements according to known methods to yield predictable results may be prima facie obvious. In the case of the instant application, the prior art of Benam et al in view of Walters et al teaches the use of an actuator mechanically coupled to the end of a syringe plunger via an expandable claw and collar (collet). The prior art of Hebrank teaches a syringe plunger pressed by an actuator and which includes a spring disposed between the actuator and the barrel of the syringe. One of ordinary skill in the art could have combined the elements as claimed by known methods, such as sliding a spring over the barrel of a plunger before coupling with the collet. Each element in combination merely performs the same function it does separately. One of ordinary skill in the art would have recognized the predictable result of this combination to be an actuator such that when the plunger is depressed, the spring is compressed, and tension from the spring is communicated to the collet.
With regards to claim 10, the apparatus of claim 9 is anticipated by Benam et al in view of Walters et al in view of Hebrank.
Benam et al additionally teaches;
The claimed “wherein initiating the forward active flow process comprises: moving the plunger within the barrel from the second position back to the first position” as read on the taught ([0062], “…plungers 321 to translate relative to the barrels 323 (which are fixed within the fluid pump 300). Thus, operation of the motor 301 actuates the syringes 319. Depending on the direction of the actuation, the plungers 321 cause fluid to be drawn in or pushed out of the syringes 319.”; The fluid being pushed out reads on the active flow process.).
Additionally, Hebrank teaches that the spring is suitable for returning the plunger from a second position to a first position, as read on the taught (Column 6, line 13, “The pump 51 includes a plunger return spring 54 which recycles the plunger after the drive plate 52 returns.”).
With regards to claim 19, the method of claim 16 is obvious over Benam et al in view of Walters et al.
However, Benam et al in view of Walters et al does not explicitly disclose wherein the actuator is further configured to initiate the forward active flow process when the plunger contacts the spring as the plunger moves within the barrel from the first position to the second position.
In the analogous art of syringe-handling devices, Hebrank teaches;
The claimed “wherein the actuator is further configured to initiate the forward active flow process when the plunger contacts the spring as the plunger moves within the barrel from the first position to the second position” has been read on the taught (Column 6, line 12, “As illustrated in FIGS. 3 and 4, the fluid pump 51 is a syringe-type pump operated by the pump drive plate 52 which drives the syringe plunger 53. The pump 51 includes a plunger return spring 54 which recycles the plunger after the drive plate 52 returns.”; Plate 52 which drives the syringe plunger 53 reads on the actuator, analogous to the plate taught by Benam et al. Plunger return spring 54 reads on a spring. As shown in figures 3 and 4, the plunger contacts the spring as the plunger is depressed within the barrel, reading on moving from the first position to the second position).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method using a device including an actuator and collet for holding a syringe plunger as taught by Benam et al in view of Walters et al with the teachings of Hebrank, wherein the device includes a spring and wherein the plunger contacts the spring as the plunger moves within the barrel from the first position to the second position. According to MPEP 2143(I)(A), combining prior art elements according to known methods to yield predictable results may be prima facie obvious. In the case of the instant application, the prior art of Benam et al in view of Walters et al teaches the use of an actuator mechanically coupled to the end of a syringe plunger via an expandable claw and collar (collet). The prior art of Hebrank teaches a syringe plunger pressed by an actuator and which includes a spring disposed between the actuator and the barrel of the syringe. One of ordinary skill in the art could have combined the elements as claimed by known methods, such as sliding a spring over the barrel of a plunger before coupling with the collet. Each element in combination merely performs the same function it does separately. One of ordinary skill in the art would have recognized the predictable result of this combination to be an actuator such that when the plunger is depressed, the spring is compressed, and tension from the spring is communicated to the collet.
With regards to claim 20, the apparatus of method 19 is obvious over Benam et al in view of Walters et al and further in view of Hebrank.
Benam et al additionally teaches;
The claimed “wherein initiating the forward active flow process comprises: moving the plunger within the barrel from the second position back to the first position” as read on the taught ([0062], “…plungers 321 to translate relative to the barrels 323 (which are fixed within the fluid pump 300). Thus, operation of the motor 301 actuates the syringes 319. Depending on the direction of the actuation, the plungers 321 cause fluid to be drawn in or pushed out of the syringes 319.”; The fluid being pushed out reads on the active flow process.).
Additionally, Hebrank teaches that the spring is suitable for returning the plunger from a second position to a first position, as read on the taught (Column 6, line 13, “The pump 51 includes a plunger return spring 54 which recycles the plunger after the drive plate 52 returns.”).
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 ALISON CLAIRE GERHARD whose telephone number is (571)270-0945. The examiner can normally be reached M-F, 9:00 - 5:30pm EST.
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/ALISON CLAIRE GERHARD/Examiner, Art Unit 1797
/CHRISTINE T MUI/Primary Examiner, Art Unit 1797
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