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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 27 September 2023 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because the following reference characters have been used to designate multiple parts;
“104” has been used to designate both “reservoir” and “microfluidic device.”
“204” has been used to designate both “substrate” and “plunger.”
“208” has been used to designate both “barrel” and “shaft.”
“304” has been used to designate both “sensor area” and “reverse flow process”
“308” has been used to designate both “sensor device” and “forward flow process”
“312” has been used to designate both “sensor area” and “sensor interface”
“404” has been used to designate both “linear actuator” and “housing.”
“420” has been used to designate both “collar” and “spring.”
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
“110b” in [0051];
“128” in [0017];
“316” in [0036];
“438” in [0041];
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
“00,” “8,” “48,” “74,” “78,” “400,” and “428.”
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 5 and 15 are objected to because of the following informalities: The claims recite “a collar configured to constraint” the expandable claw (emphasis added by examiner). Appropriate correction is required.
Claim 12 is objected to because of the following informalities: Claim 12 recites “The method of claim 1 1” rather than “11”. Appropriate correction is required.
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 9, 10, 19 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 9 recites the limitation "the forward active flow process" in line 1. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, the examiner interprets claim 9 to mean, “initiate a forward active flow process.”
Claim 10 is rejected as indefinite under 112(b) due to its dependence on claim 9.
Claim 10 recites the limitation “the forward active flow process” in line 1. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, the examiner interprets claim 10 to mean “initiate a forward active flow process.”
Claim 19 recites the limitation "the forward active flow process" in line 1. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, the examiner interprets claim 19 to mean, “initiate a forward active flow process.”
Claim 20 is rejected as indefinite under 112(b) due to its dependence on claim 19.
Claim 20 recites the limitation “the forward active flow process” in line 1. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, the examiner interprets claim 20 to mean “initiate a forward active flow process.”
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 – 4, 7, 8, 11 – 14, 17, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Benam et al (US 20180080925 A1).
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).
With regards to claim 2, the apparatus of claim 1 is anticipated by Benam 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 anticipated by Benam 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 anticipated by Benam 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 7, the apparatus of claim 1 is anticipated by Benam 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 anticipated by Benam 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.).
With regards to claim 12, the apparatus of claim 11 is anticipated by Benam 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 apparatus of claim 11 is anticipated by Benam 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 apparatus of claim 11 is anticipated by Benam 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 17, the method of claim 11 is anticipated by Benam 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 anticipated by Benam 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).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 5, 6, 15, and 16 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).
With regards to claim 5, the apparatus of claim 1 is anticipated by Benam et al.
Benam et al teaches that the end of the plunger may be removably coupled to the plate, providing the example wherein the mechanical interface comprises a gasket (see [0061]).
However, Benam et al does not explicitly disclose wherein the mechanical interface comprises: an expandable claw; and a collar configured to constrain the expandable 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 comprises: an expandable claw; and a collar configured to constrain the expandable claw” has been read on the taught (Column 4, line 28, “Collet 120 includes a distal flange 121 and a plurality of fingers 122 extending in a proximal direction and dimensioned to receive collet spring 125 thereon. Collet spring 125 and fingers 122 are received in proximal end 132 of collet housing 130 as collet 120 is slideably mounted on plunger shaft 101 during assembly period.”; Collet fingers 122 read on an expandable claw. Collet spring 125 reads on a collar configured to constrain the expandable 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 apparatus for actuating of fluids including a plunger and a mechanical interface as taught by Benam et al, with the mechanical interface of an expandable claw and a collar configured to constrain the expandable claw 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 application, the prior art of Benam et al contains a device which differs from the claimed device by substitution of a gasket in place of the claimed claw and collar. The substituted components of a claw and collar, and their function in restraining a plunger were known in the art, as taught by Walters et al. One of ordinary skill in the art could have substituted the gasket with a claw and collar, for the predictable result of restraining an end of the plunger within the claw to facilitate proper movement within the device.
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 additionally teaches;
The claimed “wherein the collar is preloaded by a spring” has been read on the taught (Column 4, line 28, “Collet 120 includes a distal flange 121 and a plurality of fingers 122 extending in a proximal direction and dimensioned to receive collet spring 125 thereon.”; Collet spring 125 reads on a collar which is preloaded by a spring. See also Figure 4).
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 apparatus for actuating of fluids including a plunger and a mechanical interface as taught by Benam et al in view of Walters et al, with the mechanical interface of including a collar preloaded by a spring 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 application, the prior art of Benam et al contains a device which differs from the claimed device by substitution of a gasket for the claimed claw and collar. The claimed components of an expandable claw and collar preloaded by a spring, and their function in restraining a plunger were known in the art, as taught by Walters et al. One of ordinary skill in the art could have substituted the gasket with a claw and collar preloaded with a spring, for the predictable result of restraining an end of the plunger within the claw.
With regards to claim 15, the apparatus of claim 11 is anticipated by Benam et al.
Benam et al teaches that the end of the plunger may be accepted by the plate using a mechanical interface, providing the example wherein the mechanical interface comprises a gasket (see [0061]).
However, Benam et al does not explicitly disclose wherein the mechanical interface comprises: an expandable claw; and a collar configured to constrain the expandable 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 comprises: an expandable claw; and a collar configured to constrain the expandable claw” has been read on the taught (Column 4, line 28, “Collet 120 includes a distal flange 121 and a plurality of fingers 122 extending in a proximal direction and dimensioned to receive collet spring 125 thereon. Collet spring 125 and fingers 122 are received in proximal end 132 of collet housing 130 as collet 120 is slideably mounted on plunger shaft 101 during assembly period.”; Collet fingers 122 read on an expandable claw. Collet spring 125 reads on a collar configured to constrain the expandable 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 for actuating of fluids including a plunger and a mechanical interface as taught by Benam et al, with the mechanical interface of an expandable claw and a collar configured to constrain the expandable claw 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 application, the prior art of Benam et al contains a method which differs from the claimed method by substitution of a gasket in place of the claimed claw and collar. The claimed components of a claw and collar, and their function in restraining a plunger were known in the art, as taught by Walters et al. One of ordinary skill in the art could have substituted the gasket with a claw and collar, for the predictable result of accepting the plunger using the expandable claw and collar to facilitate proper movement within the device.
With regards to claim 16, the apparatus 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 additionally teaches;
The claimed “wherein the collar is preloaded by a spring” has been read on the taught (Column 4, line 28, “Collet 120 includes a distal flange 121 and a plurality of fingers 122 extending in a proximal direction and dimensioned to receive collet spring 125 thereon.”; Collet spring 125 reads on a collar which is preloaded by a spring. See also Figure 4).
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 apparatus for actuating of fluids including a plunger and a mechanical interface as taught by Benam et al in view of Walters et al, with the mechanical interface of including a collar preloaded by a spring 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 application, the prior art of Benam et al contains a device which differs from the claimed device by substitution of a gasket in place of the claimed claw and collar. The substituted components of an expandable claw and collar preloaded by a spring, and their function in restraining a plunger were known in the art, as taught by Walters et al. One of ordinary skill in the art could have substituted the gasket with a claw and collar preloaded with a spring, for the predictable result of restraining an end of the plunger within the claw.
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 claim 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Greenspan et al (US 5511726 A) teaches the use of a collet for controlling the stroke of a plunger within a barrel when actuating fluids.
McDevitt et al (US 8101431 B2) teaches the actuation of fluids into microfluidic devices using fluid delivery systems including syringes and syringe pumps, as well as microfluidic sensor systems.
Hack (US 20120226157 A1) teaches a syringe pump including a collet and biasing springs, and a method of actuating fluids using such a device.
Wasson et al (US 20140234949 A1) teaches fluid handling systems including plungers located within barrels, and the coupling of fluid handling systems with microfluidic devices.
Rowe et al (US 20170296753 A1) teaches a device and method for unidirectionally flowing a fluid using a plunger and barrel.
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/ALISON CLAIRE GERHARD/ Examiner, Art Unit 1797
/CHRISTINE T MUI/ Primary Examiner, Art Unit 1797