DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Status
The Notice of Allowance mailed 30 January 2025 has been withdrawn. The instant rejection of pending claims 1-7 and 25-26 is non-final.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-7, 25, and 26 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. (See MPEP 2106).
Step 1: The claims are drawn to a process.
Step 2A, Prong One: The claims recite a judicial exception as an abstract idea or mental process in the form of mathematical relationships such as observing values and making mathematical calculations (measuring, establishing, determining, calculating).
Step 2A, Prong Two: This judicial exception is not integrated into a practical application because implementing a mathematical principle on a physical device (in this case, an extracorporeal oxygenation circuit) is not a patentable application of that principle. (see MPEP 2106.04(d)
Step 2B: The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the method is implemented in an extracorporeal blood oxygenation circuit, which Applicant discloses is “conventional” or known in the art. (See Specification at ¶23, MPEP 2106.05(b), (d)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESLIE R DEAK whose telephone number is (571)272-4943. The examiner can normally be reached Monday-Friday, 9am to 5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at 571-272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LESLIE R DEAK/Primary Examiner, Art Unit 3799 3 August 2026
