DETAILED ACTION
Response to Amendment
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/9/2026 has been entered.
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 1-2,4-12,16 and 34-35 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.
In regard to claim 1, the claim is rendered indefinite because “a first ouput signal” and “a second output signal” are recited three different times in the claim. It is unclear if the applicant is trying to refer to the same signals or different signals each time. For the purposes of this action, it is assumed the signals are the same signals. A possible cure to the issue is presented below:
1. (CURRENTLY AMENDED) A continuous fluid irrigation assembly for use with at least a first irrigation bag fluidly attached to a first irrigation tubing and a second irrigation bag fluidly attached to a second irrigation tubing, the continuous fluid irrigation assembly comprising:
a first body, the first body comprising:
a first switching device comprising:
a pair of pinch plates each having an inner face, each of the pinch plates being configured to receive the first and the second irrigation tubing via a pair of tube guides;
a pinch arm configured to travel along at least one guide rod, between a first position touching one of the pair of pinch plates, and second position touching the other of the pair of pinch plates;
an actuator operably connected to the pinch arm to move the pinch arm between the first position and the second position based on an input signal received from a microcontroller;
wherein the first switching device selectively restricts flow through the first and the second irrigation tubing, such that
in the first position, free flow is allowed through the first irrigation tubing, and the first switching device is configured to move to the first position in response to a first output signal;
in the second position, free flow is allowed through the second irrigation tubing, and the first switching device is configured to move to the second position in response to a second output signal; and
the microcontroller in communication with the first switching device, a first bag sensor and a second bag sensor, the microcontroller being configured to:
receive at least one of the first and a second output signals;
process at least one of the first and the second output signals; and
instruct the first switching device to move from the first position to the second position based on processing of the at least one of the first and the second output signals;
a first bag sensor operably attached to the first irrigation bag, wherein the first bag sensor generates the first output signal based on the weight of a volume of fluid within the first irrigation bag; and
a second bag sensor operably attached to the second irrigation bag, wherein the second bag sensor generates the second output signal based on the weight of a volume of fluid within the second irrigation bag.
In regard to claim 4, there is already antecedent basis for “an inner face” of the pair of pinch plates.
In further regard to claim 4, the antecedent basis for “the at least one guide rods” should read “the at least one guide rod”.
In regard to claim 7, the applicant appears to be reciting structure that is already recited. Applicant is encouraged to delete claim 7 or fix the antecedent basis issues.
In regard to claims 8-12, the applicant appears to be reciting structure that is already recited (the switching device). Applicant is encouraged to delete the claims or fix the antecedent basis issues.
Any dependent claim not addressed is rejected by virtue of the dependency on rejected claim 1.
Allowable Subject Matter
Claims 1-2,4-12,16 and 34-35 will be considered allowable upon resolution of the 112 rejections.
Response to Arguments
Applicant’s arguments, see Remarks, filed 8/9/2026, with respect to the Liberman/Wunsch rejection have been fully considered and are persuasive. The rejection has been withdrawn.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE J STIGELL whose telephone number is (571)272-8759. The examiner can normally be reached M-F 9-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached at 571-270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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THEODORE J. STIGELL
Primary Examiner
Art Unit 3783
/THEODORE J STIGELL/Primary Examiner, Art Unit 3783
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