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 .
Specification
The abstract of the disclosure is objected to because it discusses the purported merits of the invention. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 4-5, 8 and 10-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11992592 in view of Hansen et al. (US 2014/0199057).
Regarding claim 1, ‘592 discloses “a warming module for infusible liquids comprising: an upwardly exposed metal warming plate sized to receive a flexible polymer bag holding the infusible liquid” (claim 1 at lines 1-4);
“a polymer housing supporting the warming plate therein and providing an upwardly extending peripheral rim” (claim 1 at lines 5-6)
“a heater element attached to the warming plate to conduct heat through the warming plate and bag into the contained infusible liquid when the bag is held on the warming plate” (claim 1 at lines 12-15); and
“at least one indicator light indicating a warming state of the flexible polymer bag holding the infusible liquid wherein the at least one indicator light is positioned to at least partially underlie the flexible polymer bag and to direct light directly into the flexible polymer bag” (claim 1 at lines 16-21)
’592 is silent regarding an upwardly extending peripheral rim on at least two sides of the warming plate supporting the flexible polymer bag therebetween when the bag is held on the warming plate and wherein the flexible polymer bag extends above the peripheral rim to be visible above the peripheral rim when the bag is held on the warming plate.
Hansen et al. teaches “an upwardly extending peripheral rim” (20) on “at least two sides of the warming plate” (14 forms a warming plate) supporting “the flexible polymer bag” (24) therebetween when “the bag” (24) is held on “the warming plate” (14) and wherein “the flexible polymer bag” (24) extends above “the peripheral rim” (20) “to be visible above the peripheral rim” (fig.2 shows the edge of the bag is visible above the rim 20) “when the bag is held on the warming plate” (the bag 24 is on the warming plate 14). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify ‘592 with Hansen et al., by adding ‘592 rim to the Hansen et al.’s device, to provide support for the bag.
Regarding claim 4, ‘592 discloses “the at least one light indicator presents a warming state indicating that the bag is warming and is not at a predetermined temperature or is warmed to a predetermined temperature by means of a first color indicating that the bag is warming and a second color indicating that the bag is warmed to the predetermined temperature” (‘592, claim 13).
Regarding claim 5, ‘592 discloses “the at least one light indicator presents a warming state indicating that the bag is warming and is not at a predetermined temperature or is warmed to a predetermined temperature by means of changing an intensity of the light” (‘592, claim 14).
Regarding claim 8, ‘592 discloses “the at least two upwardly extending peripheral rim are on at least a front and rear side of the warming plate to retain the flexible polymer bag therebetween” (Hansen et al., fig.1 shows the at least two upwardly extending peripheral rim are on at least a front and rear side of the warming plate 14 to retain the flexible polymer bag 22 therebetween).
Regarding claim 10, ‘592 discloses “at least one temperature sensor” (Hansen et al., a temperature sensor pair 38) “detecting a temperature of the bag on the plate to control the heater” (Hansen et al., [0058] By promoting thermal contact between the temperature sensor pair 38 and the dialysis bag 22 through sheet 24 and distancing thermal proximity of the temperature sensor pair 38 and the heater 28, a localized sensing region 44 projecting into the infusion liquid 23 may be created allowing better assessment and control of the liquid temperature) and “the at least one indicator light” (Hansen et al., [0062], i.e., displaying a current temperature of the infusion liquid 23 or desired setpoint of the infusion liquid 23, setting switches 64 allowing changing of the setpoint of temperature control of the liquid 23, a mode switch 66 changing a mode of display 62, and a ready indicator 68 indicating that the temperature of the liquid 23 is at its proper setpoint, as will be described).
Regarding claim 11, ‘592 discloses “at least one proximity sensor detecting a presence of the bag on the plate to control the heater and the at least one indicator light” (‘592, claim 5 and Hansen et al., [0062], i.e., a ready indicator 68).
Regarding claim 12, ‘592 discloses “at least one display indicating at least one of a current temperature of the infusible liquid or a desired set point of the infusible liquid” (Hansen et al., [0062], i.e., displaying a current temperature of the infusion liquid 23 or desired setpoint of the infusion liquid 23, setting switches 64 allowing changing of the setpoint of temperature control of the liquid 23, a mode switch 66 changing a mode of display 62, and a ready indicator 68 indicating that the temperature of the liquid 23 is at its proper setpoint, as will be described).
Regarding claim 13, ‘592 discloses “a warming system for infusible liquids comprising: at least two warming modules arranged in a stacked configuration along an axis extending along a height of each warming module, each warming module having an upwardly exposed metal warming plate sized to receive a flexible polymer bag holding the infusible liquid; a polymer housing supporting the warming plate therein and providing an upwardly extending peripheral rim
‘592 is silent regarding an upwardly extending peripheral rim on at least two sides of the warming plate supporting the flexible polymer bag therebetween when the bag is held on the warming plate and wherein the flexible polymer bag extends above the peripheral rim to be visible above the peripheral rim when the bag is held on the warming plate.
Hansen et al. teaches “an upwardly extending peripheral rim” (20) on “at least two sides of the warming plate” (14 forms a warming plate) supporting “the flexible polymer bag” (24) therebetween when “the bag” (24) is held on “the warming plate” (14) and wherein “the flexible polymer bag” (24) extends above “the peripheral rim” (20) “to be visible above the peripheral rim” (fig.2 shows the edge of the bag is visible above the rim 20) “when the bag is held on the warming plate” (the bag 24 is on the warming plate 14). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify ‘592 with Hansen et al., by adding ‘592 rim to the Hansen et al.’s device, to provide support for the bag.
Regarding claim 14, ‘592 discloses “the warming system provides unobstructed access to the warming plate of each of the at least two warming modules” (‘592, claim 1, each warming module having an upwardly exposed planar metal warming plate).
Regarding claim 15, ‘592 discloses “a spacing between the at least two warming plate is less than 15 cm” (claim 17).
Regarding claim 16, ‘592 discloses “a spacing between the at least two warming plate is less than two times a height of the bag when repose on the warming plate” (claim 18).
Claims 2, 17 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11992592 in view of Hansen et al. (US 2014/0199057) as applied in claims 1, 4-5, 8 and 10-16 above, and further in view of Hansen et al. (US 20100059498)
Regarding claim 2, ‘592 discloses “at least part of the flexible polymer bag” (claim 12 at line 3), “when the bag is held on the warming plate to assist with visibility of the flexible polymer bag” (Hansen et al. ‘057, the bag 24 is held on the warming plate 14 to assist with visibility of the flexible polymer bag).
‘592 is silent regarding at least part of the bag is positionable on a curved surface of the warming module when the bag is held on the warming plate to assist with visibility of the flexible polymer bag.
Hansen et al. (‘498) teaches “at least part of the bag” ([0025], i.e., a bag or bottle, that is filled with fluid. As can be seen best in FIG. 3, the support surface 20 is essentially C-shaped for receiving the bag or bottle) “is positionable on “a curved surface of the warming module” (20). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify ‘592 with Hansen et al. (‘498), by modifying the surface of the warming module according to Hansen et al. (‘498)’s curved surface of warming module, to clearance for insertion and holding (para.0035) as taught by Hansen et al. (‘498).
Regarding claim 17, ‘592 discloses “at least part of the flexible polymer bag” (claim 15).
‘592 discloses is silent regarding at least part of the bag is on a curved surface of the warming module when the bag is held on the warming plate to assist with visibility of the flexible polymer bag.
Hansen et al. (‘498) teaches “at least part of the bag” ([0025], i.e., a bag or bottle, that is filled with fluid. As can be seen best in FIG. 3, the support surface 20 is essentially C-shaped for receiving the bag or bottle) “is positionable on “a curved surface of the warming module” (20). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify ‘592 with Hansen et al. (‘498), by modifying the surface of the warming module according to Hansen et al. (‘498)’s curved surface of warming module, to clearance for insertion and holding (para.0035) as taught by Hansen et al. (‘498).
Regarding claim 20, ‘592 discloses “the at least one light indicator present a warming state indicating that the bag is warming and is not at a predetermined temperature or is warmed to a predetermined temperature by means of changing an intensity of the light” (Hansen (‘498), [0043], When the temperature of the container (and fluid therein) is within acceptable range for use, an LED light 70 on the front of the modular fluid warmer 12 may illuminate to indicate that the fluid is ready for administration. This indication could also be provided using the display 28).
Claims 3, 9 and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11992592 in view of Hansen et al. (US 2014/0199057) as applied in claims 1, 4-5, 8 and 10-16 above, and further in view of Hansen et al. (US 20100059498) and Flick (US 2015/0272380).
Regarding claim 3, ‘592 discloses “a curved surface of the warming module receiving at least part of the flexible polymer bag” (Hansen et al. (‘057), the curved surface 14 for receiving the bag 24).
‘592 is silent regarding the at least one light indicator is on a curved surface.
Flick teaches “the at least one light indicator is on a curved surface” (fig.7a, 120 is on a curved surface. [0057-0058], i.e., The length-detection unit 120 is positioned so as to detect whether a capsule of the first type (5a) or a capsule of the second type (5b) is positioned in the positioner, by measuring a size of said detected capsule. In an embodiment, the length-detection unit 120 comprises a light-receiving device and a light-emitting device, both positioned in the capsule positioner 40 so as: [0058] a light, emitted by the light-emitting device, is reflected by a capsule of the second type when said capsule is positioned in the positioner 40, said reflected light being received by the light-receiving device, as represented on FIG. 5b). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify ‘592 with Flick, by adding Flick’s sensor to ‘592 device, to detect the presence on object in the device [0057] as taught by Flick.
Regarding claim 9, ‘592 discloses “the at least one light indicator” (Flick, fig.5a, 120) is arranged between “the at least two upwardly extending peripheral rims” (Flick, fig.4c shows 45a and 45b pointed at least two upwardly extending peripheral rims).
Regarding claim 18, ‘592 discloses “the at least one light indicator is on .
Claim 6 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11992592 in view of Hansen et al. (US 2014/0199057) as applied in claims 1, 4-5, 8 and 10-16 above, and further in view of Lee et al. (US 20150308732).
Regarding claim 6, ‘592 discloses the at least one light indicator is at least one light emitting diode (LED) bulb positioned beneath a light diffuser.
Lee et al. teaches “the at least one light indicator” (Lee et al., fig.13, 670) is “at least one light emitting diode (LED) bulb” (fig.13, 671, [0132], a device capable of emitting light such as a LED, may be used as the light emitter 671) positioned beneath “a light diffuser” (fig.13, 672, [0136], the light emitted from the light emitter 671 may be reflected or refracted by the scattering member 672, so that the light may be uniformly smoothly emitted into the water tank 800). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify ‘592 with Lee et al., by adding Lee et al.’s light indicator to ‘592 device, to allow user to visualize the fluid in the device [0130] as taught by Lee et al.
Claim 7 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11992592 in view of Hansen et al. (US 2014/0199057) as applied in claims 1, 4-5, 8 and 10-16 above, and further in view of Whalley (WO 2018013843).
Regarding claim 7, ‘592 discloses the flexible polymer bag comprises a device.
‘592 is silent regarding the at least one indicator light produces a large volume indicator of the device and is at least a volume of the device.
Whalley teaches “the at least one indicator light produces a large volume indicator of the device and is at least a volume of the device” ([0095] Although the sensor values for particular positions are described as being absolute values, individual sensor values relative to other sensor values may be used to infer and/or determine the volume of liquid remaining in the drug reservoir). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify ‘592 with Whalley, by adding Whalley’s volume indicator to ‘592 device, to measure the volume of drug deliver (abstract) as taught by Whalley.
Claim 19 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11992592 in view of Hansen et al. (US 2014/0199057) as applied in claims 1, 4-5, 8 and 10-16 above, and further in view of Hansen et al. (US 20100059498) and Russier et al. (US 2019/0261813).
Regarding claim 19, ‘592 discloses all the features of claim limitations as set forth above except for the at least one light indicator presents a warming state indicating that the bag is warming and is not at a predetermined temperature or is warmed to a predetermined temperature by means of a first color indicating that the bag is warming and a second color indicating that the bag is warmed to the predetermined temperature.
Hansen et al. (‘498) teaches “the at least one light indicator presents a warming state indicating that the bag is warming and is not at a predetermined temperature or is warmed to a predetermined temperature” (Hansen (‘498), [0043], When the temperature of the container (and fluid therein) is within acceptable range for use, an LED light 70 on the front of the modular fluid warmer 12 may illuminate to indicate that the fluid is ready for administration. This indication could also be provided using the display 28). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify ‘592 with Hansen et al. (‘498), by adding Hansen et al.’s algorithm to ‘592 device, to provide more detailed information of the status of the device to the user.
However, modified Hansen '498 fails to teach the indication is by means of a first color indicating that the bag is warming and asecond color indicating that the bag is warmed to the predetermined temperature.
Russier et al. teaches a light panel that indicates a status of the device by emitting different light colors: heating and setpoint temperature reached are device statuses indicated by the LED colors ([0059]-[0064]. It would have been obvious to one of ordinary skill at the time of effective filing for the indicator of ‘592 to include the first and second colors to indicate the warming states as taught by Russier et al. to allow the light indicator to provide more detailed information on the status of the device to the user.
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.
Claim 15 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 15 recites “a spacing between the at least two warming plate is less than two times a height of the bag when repose on the warming plate”. The language of claim 15 attempts to claim a space of two plates in relation to the bag. However, the size of bag in relation to the spacing between two plates was indefinite because the bag was not based on any known standard. See MPEP 2173.05 (b).
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-2, 8, 10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hansen et al. (US 2014/0199057) in view of Lee et al. (US 2015/0308732).
Regarding claim 1, Hansen et al. discloses “a warming module” (abstract, a warming system for large volume dialysis bags and fig.1, 10) “for infusible liquids” (intended use) comprising:
“an upwardly exposed metal warming plate” (14) sized to receive “a flexible polymer bag” (fig.2, 22. Claim 1, i.e., A warming system for infusible liquids comprising: an upwardly open basin sized to receive a flexible polymer bag holding the infusible liquid) holding the infusible liquid;
“a polymer housing” ([0054], i.e., The housing 30 maybe fabricated of an injection molded thermoplastic. Examiner noted that thermoplastic is considered as a type of polymer) supporting “the warming plate” (14 pointed at the warming plate) therein and providing “an upwardly extending peripheral rim” (fig.1, 20 pointed at an upwardly extending peripheral rim) on “at least two sides of the warming plate” (14) supporting “the flexible polymer bag” (22) therebetween “when the bag is held on the warming plate” (fig.2 shows when bag 22 is held on the warming plate 14) and wherein “the flexible polymer bag extends above the peripheral rim to be visible above the peripheral rim when the bag is held on the warming plate” (the bag 22 has an edge extends above the peripheral rim 20 to be visible above the peripheral rim when the bag is held on the warming plate);
“a heater element” (28) attached to “the warming plate” (14) to conduct heat through “the warming plate” (14) and “bag” (22) into “the contained infusible liquid” (23. [0051], i.e., maximizing heat transfer to the contained infusion liquid 23) “when the bag is held on the warming plate” (fig.2, the bag 22 is held on the warming plate 14); and
“at least one indicator light” (68. [0062], i.e., the ready indicator a light emitting diode.) “indicating a warming state of the flexible polymer bag holding the infusible liquid” ([0062], i.e., a ready indicator 68 indicating that the temperature of the liquid 23 is at its proper setpoint, as will be described) the bag 22 is held on the warming plate 14).
Hansen et al. teaches polymer bag comprising of a holder.
Hansen et al. is silent regarding wherein the at least one indicator light is positioned to at least partially underlie the holder and to direct light directly into the holder.
Lee et al. teaches wherein “the at least one indicator light” (fig.13, 670 includes 671 and 672) is positioned to at least partially next to the holder and to direct light directly into the holder” (fig.20, 700. [0137], the lighting module 670 may operate to light the whole inside of the water tank. [0146] The water tank assembly 700 may include the water tank 800). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Hansen et al. with Lee et al., by adding Lee et al.’s indicator light to Hansen et al.’s device, to allow the operation state of the device to be identified at a long distance [0137]. In the device of modified Hansen, the only place to put a light indicator that would direct light into the fluid bag would be on a surface that at least partially underlies the flexible polymer bag because the fluid bag is placed on top of the tray and the rim cradles the edges of the fluid bag. Additionally, with regard to the position of the light indicator, shifting the position of the light indicator from a position that near the fluid reservoir to another position that near the fluid reservoir would not modify the operation of the device because the fluid in the bag would scatter the light throughout it. Such a modification would result in permitting the warming state of the flexible polymer bag to be seen at a horizontal line of sight above the rim when the flexible polymer bag extends above the rim. MPEP 2144.04, V. C. Rearrangement of parts. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device).
Regarding claim 2, Hansen et al. discloses “at least part of the flexible polymer bag” (Hansen et al., 22) is positionable on “a curved surface of the warming module” (Hansen et al., curved surface 18) when “the flexible polymer bag” (Hansen et al., 22) is held on “the warming plate” (Hansen et al., 14) “to assist with visibility of the flexible polymer bag” (Hansen et al., see fig.2 which is above the plate 14 to allow user to view the bag).
Regarding claim 8, Hansen et al. discloses “the at least two upwardly extending peripheral rim are on at least a front and rear side of the warming plate to retain the flexible polymer bag therebetween” (20 pointed at the at least two upwardly extending peripheral rim are on at least a front and rear side of the warming plate 14 to retain the flexible polymer bag 22 therebetween).
Regarding claim 10, Hansen et al. discloses at least one temperature sensor detecting a temperature of the bag on the plate to control the heater and the at least one indicator light (Hansen et al. (‘057), [0062] Referring now to FIGS. 1 and 6, an outer front surface of the housing 30 may provide for a control panel 60 having an alphanumeric display 62, for example, displaying a current temperature of the infusion liquid 23 or desired setpoint of the infusion liquid 23, setting switches 64 allowing changing of the setpoint of temperature control of the liquid 23, a mode switch 66 changing a mode of display 62, and a ready indicator 68 indicating that the temperature of the liquid 23 is at its proper setpoint, as will be described. The switches 64 and 66 may, for example, be membrane switches of a type known in the art and the ready indicator a light emitting diode. [0063] The microcontroller 70 may receive signals from the thermal sensor pair 38 the switch 34 and the switches 64 and 66 and may provide control signals to the display 62 and the ready indicator 68 and the heater 28).
Regarding claim 12, Hansen et al. discloses “at least one display indicating at least one of a current temperature of the infusible liquid or a desired set point of the infusible liquid” (Hansen et al. (‘057), [0062] Referring now to FIGS. 1 and 6, an outer front surface of the housing 30 may provide for a control panel 60 having an alphanumeric display 62, for example, displaying a current temperature of the infusion liquid 23 or desired setpoint of the infusion liquid 23, setting switches 64 allowing changing of the setpoint of temperature control of the liquid 23, a mode switch 66 changing a mode of display 62, and a ready indicator 68 indicating that the temperature of the liquid 23 is at its proper setpoint, as will be described. The switches 64 and 66 may, for example, be membrane switches of a type known in the art and the ready indicator a light emitting diode. [0063] The microcontroller 70 may receive signals from the thermal sensor pair 38 the switch 34 and the switches 64 and 66 and may provide control signals to the display 62 and the ready indicator 68 and the heater 28).
Claim(s) 3 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hansen et al. (US 2014/0199057) in view of Lee et al. (US 2015/0308732) as applied in claims 1-2, 8, 10 and 12 above, and further in view of Flick (US 2015/0272380).
Regarding claim 3, Hansen et al. (‘057) discloses ‘057,18 pointed at a curved surface of the warming module receiving at least part of the flexible polymer bag 22).
Hansen et al. (‘057) is silent regarding the at least one light indicator is on a curved surface.
Flick teaches “the at least one light indicator is on a curved surface” (fig.7a, 120 is on a curved surface. [0057-0058], i.e., The length-detection unit 120 is positioned so as to detect whether a capsule of the first type (5a) or a capsule of the second type (5b) is positioned in the positioner, by measuring a size of said detected capsule. In an embodiment, the length-detection unit 120 comprises a light-receiving device and a light-emitting device, both positioned in the capsule positioner 40 so as: [0058] a light, emitted by the light-emitting device, is reflected by a capsule of the second type when said capsule is positioned in the positioner 40, said reflected light being received by the light-receiving device, as represented on FIG. 5b). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify ‘057 with Flick, by adding Flick’s sensor to ‘‘057 device, to detect the presence on object in the device [0057] as taught by Flick.
Regarding claim 9, Hansen et al. (‘057) discloses “the at least one light indicator” (Flick, fig.5a, 120) is arranged between “the at least two upwardly extending peripheral rims” (Flick, fig.4c shows 45a and 45b pointed at least two upwardly extending peripheral rims).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hansen et al. (US 2014/0199057) in view of Lee et al. (US 2015/0308732) as applied in claims 1-2, 8, 10 and 12 above, and further in view of Hansen et al. (US 20100059498) and Russier et al. (US 2019/0261813).
Regarding claim 4, Hansen et al. (‘057) discloses all the features of claim limitations as set forth above except for the at least one light indicator presents a warming state indicating that the bag is warming and is not at a predetermined temperature or is warmed to a predetermined temperature by means of a first color indicating that the bag is warming and a second color indicating that the bag is warmed to the predetermined temperature.
Hansen et al. (‘498) teaches “the at least one light indicator presents a warming state indicating that the bag is warming and is not at a predetermined temperature or is warmed to a predetermined temperature” (Hansen (‘498), [0043], When the temperature of the container (and fluid therein) is within acceptable range for use, an LED light 70 on the front of the modular fluid warmer 12 may illuminate to indicate that the fluid is ready for administration. This indication could also be provided using the display 28). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Hansen et al. (‘057) with Hansen et al. (‘498), by adding Hansen et al.’s algorithm to ‘057 device, to provide more detailed information of the status of the device to the user.
However, modified Hansen ('057) fails to teach the indication is by means of a first color indicating that the bag is warming and a second color indicating that the bag is warmed to the predetermined temperature.
Russier et al. teaches “the indication is by means of a first color indicating that the bag is warming and a second color indicating that the bag is warmed to the predetermined temperature” (a light panel that indicates a status of the device by emitting different light colors: heating and setpoint temperature reached are device statuses indicated by the LED colors. [0059] The light source of the illuminated panel 45 is preferably a light-emitting diode (also called “LED”) light source. Preferably, these diodes are able to emit different light colors. Therefore, the color of the illuminated panel 45 allows the electronic module to indicate the status of the device: [0060] available; [0061] already reserved; [0062] connected; [0063] heating; and/or [0064] setpoint temperature reached by the cooktop). It would have been obvious to one of ordinary skill at the time of effective filing for the indicator of ‘057 to include the first and second colors to indicate the warming states as taught by Russier et al. to allow the light indicator to provide more detailed information on the status of the device to the user.
Claim(s) 5 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hansen et al. (US 2014/0199057) in view of Lee et al. (US 2015/0308732) as applied in claims 1-2, 8, 10 and 12 above, and further in view of Hansen et al. (US 20100059498).
Regarding claim 5, Hansen et al. (‘057) discloses all the features of claim limitations as set forth above except for the at least one light indicator presents a warming state indicating that the bag is warming and is not at a predetermined temperature or is warmed to a predetermined temperature by means of changing an intensity of the light.
Hansen et al. (‘498) teaches “the at least one light indicator present a warming state indicating that the bag is warming and is not at a predetermined temperature or is warmed to a predetermined temperature by means of changing an intensity of the light” (Hansen (‘498), [0043], When the temperature of the container (and fluid therein) is within acceptable range for use, an LED light 70 on the front of the modular fluid warmer 12 may illuminate to indicate that the fluid is ready for administration. This indication could also be provided using the display 28). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Hansen et al. (‘057) with Hansen et al. (‘498), by incorporate Hansen et al. (‘498)’s algorithm to Hansen et al. (‘057)’s controller, to indicate whether the fluid is ready for administration (para.0059) as taught by Hansen et al. (‘498).
Regarding claim 11, Hansen et al. (‘057) discloses all the features of claim limitations as set forth above except for at least one proximity sensor detecting a presence of the bag on the plate to control the heater and the at least one indicator light.
Hansen (‘498) teaches “at least one proximity sensor” (fig.5, 64) “detecting a presence of the bag” ([0042], i.e., an optical item sensor 64 for detecting the presence of a container) on “the plate” (20) “to control the heater” ([0043], i.e., When the optical item sensor 64 detects the container, the controller 68 starts the heating element 23 to heat the support surface 20) and “the at least one indicator light” ([0028], This display 28 can be used display whether or not a container is sensed on the support surface 20).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hansen et al. (US 2014/0199057) in view of Lee et al. (US 2015/0308732) as applied in claims 1-2, 8, 10 and 12 above, and further in view of Niiyama et al. (US 2010/0181299)
Regarding claim 6, Hansen et al. (‘057) discloses the at least one light indicator.
Hansen et al. (‘057) is silent regarding at least one light emitting diode (LED) bulb positioned beneath a light diffuser.
Niiyama et al. teaches “at least one light emitting diode (LED) bulb” (8a) positioned beneath “a light diffuser” (8b). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Hansen et al. (‘057) with Niiyama et al., by adding Niiyama et al.’s light emitting diode next to Hansen et al. (‘057) sensor device, to facilitate user to position an object on the Hansen et al.’s device.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hansen et al. (US 2014/0199057) in view of Lee et al. (US 2015/0308732) as applied in claims 1-2, 8, 10 and 12 above, and further in view of Whalley (WO 2018013843).
Regarding claim 7, Hansen et al. (‘057) discloses the flexible polymer bag comprises a device.
Hansen et al. (‘057) is silent regarding the at least one indicator light produces a large volume indicator of the device and is at least a volume of the device.
Whalley teaches “the at least one indicator light produces a large volume indicator of the device and is at least a volume of the device” ([0095] Although the sensor values for particular positions are described as being absolute values, individual sensor values relative to other sensor values may be used to infer and/or determine the volume of liquid remaining in the drug reservoir). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify ‘592 with Whalley, by adding Whalley’s volume indicator to ‘592 device, to measure the volume of drug deliver (abstract) as taught by Whalley.
Claim(s) 13-14, 16-17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hansen et al. (US 2010/0059498) in view of Hansen et al. (US 2014/0199057) and Lee et al. (US 2015/0308732).
Regarding claim 13, Hansen et al. (‘498) discloses “a warming system” (abstract and fig.1) “for infusible liquids” (intended use. [0010] According to one aspect of the present invention, a modular fluid warmer is disclosed for heating a fluid disposed in a container to a desired temperature.) comprising:
“at least two warming modules” ([0024], i.e., a number of modular fluid warmers 12) “arranged in a stacked configuration along an axis extending along a height of each warming module” ([0024] Referring first to FIG. 1, a stacked assembly 10 is composed of a number of modular fluid warmers 12. As shown, the modular fluid warmers 12 are stacked three high. Fig. shows warming modules are in a stacked configuration along an axis extending along a height of each warming module), “each warming module having an upwardly exposed metal warming plate sized to receive a each warming module having an upwardly exposed metal warming plate 20 sized to receive a flexible polymer bag holding the infusible liquid. [0025], i.e., for the placement of a container (not shown), such as a bag or bottle, that is filled with fluid.);
“a polymer housing” ([0026], i.e., The casing 24 may be formed of a engineered plastic material that does not deform at room temperature to slightly above room temperature (50.degree. F. to approximately 175.degree. F.). Examiner noted that plastic considered as polymer) supporting “the warming plate” (20) therein and providing “an upwardly extending peripheral rim” (annotated fig.1) on “at least two sides of the warming plate” (20) supporting “the [0025], i.e., for the placement of a container (not shown), such as a bag or bottle) therebetween “when the bag is held on the warming plate” ([0025], i.e., for the placement of a container (not shown), such as a bag or bottle) and
“a heater element” (23) “attached to the warming plate” (20. [0025], i.e., The support surface 20 is heated by a heating element 23 (best seen in FIGS. 3, 7, and 8), which is attached to the underside of the support surface 20.) to conduct heat through “the warming plate” (20) and “bag” ([0025], i.e., for the placement of a container (not shown), such as a bag or bottle) into “the contained infusible liquid when the bag is held on the warming plate” ([0025], i.e., for the placement of a container (not shown), such as a bag or bottle, that is filled with fluid.); and
“at least one indicator light” (LED light 70) “indicating a warming state of the flexible polymer bag holding the infusible liquid” ([0043], i.e., the controller 68 may start recording time to determine the length of time at which the container is maintained at the set point temperature of the modular fluid warmer 12. When the temperature of the container (and fluid therein) is within acceptable range for use, an LED light 70 on the front of the modular fluid warmer 12 may illuminate to indicate that the fluid is ready for administration)
[0025], i.e., for the placement of a container (not shown), such as a bag or bottle).
Hansen et al. (‘498) is silent regarding a flexible polymer bag; wherein the flexible polymer bag extends above the peripheral rim to be visible above the peripheral rim when the bag is held on the warming plate; wherein the at least one indicator light is positioned to at least partially underlie the flexible polymer bag and direct light into the flexible polymer bag.
Hansen et al. (‘057) teaches “a flexible polymer bag” (fig.2, 22. Claim 1, i.e., A warming system for infusible liquids comprising: an upwardly open basin sized to receive a flexible polymer bag holding the infusible liquid); wherein “the flexible polymer bag extends above the peripheral rim to be visible above the peripheral rim when the bag is held on the warming plate” (the bag 22 has an edge extends above the peripheral rim 20 to be visible above the peripheral rim when the bag is held on the warming plate).
Lee et al. teaches wherein “the at least one indicator light” (fig.13, 670 includes 671 and 672) is positioned to at least partially underlie “the holder and to direct light directly into the holder” (fig.20, 700. [0137], the lighting module 670 may operate to light the whole inside of the water tank. [0146] The water tank assembly 700 may include the water tank 800). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Hansen et al. with Lee et al., by adding Lee et al.’s indicator light to Hansen et al.’s device, to allow the operation state of the device to be identified at a long distance [0137]. In the device of modified Hansen, the only place to put a light indicator that would direct light into the fluid bag would be on a surface that at least partially underlies the flexible polymer bag because the fluid bag is placed on top of the tray and the rim cradles the edges of the fluid bag. Additionally, with regard to the position of the light indicator, shifting the position of the light indicator from a position that contacts the fluid reservoir to another position that contacts the fluid reservoir would not modify the operation of the device because the fluid in the bag would scatter the light throughout it. Such a modification would result in permitting the warming state of the flexible polymer bag to be seen at a horizontal line of sight above the rim when the flexible polymer bag extends above the rim. MPEP 2144.04, V. C. Rearrangement of parts. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device).
Regarding claim 14, Hansen et al. (‘498) discloses “the warming system provides unobstructed access to the warming plate of each of the at least two warming modules” (Hansen et al. (‘498), fig.1 shows the warming system 10 provides unobstructed access to the warming plate 20 of each of the at least two warming modules).
Regarding claim 16, Hansen et al. (‘498) discloses “a spacing between the at least two warming plate is less than two times a height of the bag when repose on the warming plate” (Hansen et al., a spacing between the at least two warming plate able to accommodate the height of the bag when repose on the warming plate. Examiner noted that “the size of bag” can be determined by a user. See also 35 USC 112b).
Regarding claim 17, Hansen et al. (‘498) discloses “at least part of the flexible polymer bag is on a curved surface of the warming module when the flexible polymer bag is held on the warming plate to assist with visibility of the flexible polymer bag” (Hansen et al. (‘498), [0025], i.e., for the placement of a container (not shown), such as a bag or bottle, that is filled with fluid. Hansen et al. (‘057), fig.2 shows when the flexible polymer bag is held on the warming plate to assist with visibility of the flexible polymer bag. Examiner noted that the visibility of the flexible polymer bag is merely depend on the size of the bag).
Regarding claim 20, Hansen et al. (‘498) discloses “the at least one light indicator present a warming state indicating that the bag is warming and is not at a predetermined temperature or is warmed to a predetermined temperature by means of changing an intensity of the light” (Hansen (‘498), [0043], When the temperature of the container (and fluid therein) is within acceptable range for use, an LED light 70 on the front of the modular fluid warmer 12 may illuminate to indicate that the fluid is ready for administration. This indication could also be provided using the display 28).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hansen et al. (US 2010/0059498) in view of Hansen et al. (US 2014/0199057) and Lee et al. (US 2015/0308732) as applied in claims 13-14, 16-17 and 20 above, and further in view of Design Choice.
Regarding claim 15, Hansen et al. (‘498) discloses “a spacing between the at least two warming plate” (a gap between upper 20 and lower 20).
Hansen et al. (‘498) is silent regarding the spacing is less than 15 cm for the at least two warming plates.
However, the applicant has not disclosed that “the spacing is less than 15 cm” solves any stated problem or provides any unexpected results. The examiner notes that the spacing is less than 15 cm just determines the storage space for a bag. As such, the examiner considers this limitation to be a design choice. Therefore, it would have been obvious as a matter of design choice to modify Hansen et al.’s spacing to be less than 15 cm as proposed by the applicant, since the applicant has not disclosed that the spacing is less than 15 cm solves any stated problem or provides any unexpected results and it appears that Hansen et al.’s spacing between two plates would perform equally well, since the number of folds that a cut crosses merely determines the storage space for a bag.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hansen et al. (US 2010/0059498) in view of Hansen et al. (US 2014/0199057) and Lee et al. (US 2015/0308732) as applied in claims 13-14, 16-17 and 20 above, and further in view of Flick (US 2015/0272380).
Regarding claim 18, modified Hansen et al. (‘498) discloses “a curved surface of the warming module receiving at least part of the flexible polymer bag” (Hansen et al. (‘498), the curved surface 20 for receiving the bag).
Modified Hansen et al. (‘498) is silent regarding the at least one light indicator is on the curved surface.
Flick teaches “the at least one light indicator is on a curved surface” (fig.7a, 120 is on a curved surface. [0057-0058], i.e., The length-detection unit 120 is positioned so as to detect whether a capsule of the first type (5a) or a capsule of the second type (5b) is positioned in the positioner, by measuring a size of said detected capsule. In an embodiment, the length-detection unit 120 comprises a light-receiving device and a light-emitting device, both positioned in the capsule positioner 40 so as: [0058] a light, emitted by the light-emitting device, is reflected by a capsule of the second type when said capsule is positioned in the positioner 40, said reflected light being received by the light-receiving device, as represented on FIG. 5b). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Hansen‘498 with Flick, by adding Flick’s sensor to ‘498 device, to detect the presence on object in the device [0057] as taught by Flick.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hansen et al. (US 2010/0059498) in view of Hansen et al. (US 2014/0199057) and Lee et al. (US 2015/0308732) as applied in claims 13-14, 16-17 and 20 above, and further in view of Russier et al. (US 2019/0261813).
Regarding claim 19, Hansen et al. (‘498) discloses “the at least one light indicator presents a warming state indicating that the bag is warming and is not at a predetermined temperature or is warmed to a predetermined temperature” (Hansen (‘498), [0043], When the temperature of the container (and fluid therein) is within acceptable range for use, an LED light 70 on the front of the modular fluid warmer 12 may illuminate to indicate that the fluid is ready for administration. This indication could also be provided using the display 28).
However, modified Hansen ('498) fails to teach the indication is by means of a first color indicating that the bag is warming and a second color indicating that the bag is warmed to the predetermined temperature.
Russier et al. teaches “the indication is by means of a first color indicating that the bag is warming and a second color indicating that the bag is warmed to the predetermined temperature” (a light panel that indicates a status of the device by emitting different light colors: heating and setpoint temperature reached are device statuses indicated by the LED colors. [0059] The light source of the illuminated panel 45 is preferably a light-emitting diode (also called “LED”) light source. Preferably, these diodes are able to emit different light colors. Therefore, the color of the illuminated panel 45 allows the electronic module to indicate the status of the device: [0060] available; [0061] already reserved; [0062] connected; [0063] heating; and/or [0064] setpoint temperature reached by the cooktop). It would have been obvious to one of ordinary skill at the time of effective filing for the indicator of ‘498 to include the first and second colors to indicate the warming states as taught by Russier et al. to allow the light indicator to provide more detailed information on the status of the device to the user.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY CHOU whose telephone number is (571)270-7107. The examiner can normally be reached Mon-Friday.
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/JIMMY CHOU/Primary Examiner, Art Unit 3761
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