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 .
Status of Claims
This office action is responsive to the application filed 13 June 2025.
Claims 1-11 are presently pending in this application.
Claim Objections
Claim 5 is objected to because of the following informalities:
“coprises” – typographical error in line 7 of claim 5.
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 3-9 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 3 recites the limitation “an endless portion” in line 5 of the claim. The term “endless” imparts an impossible structural detail to the limitation “portion”. For the purposes of examination, “an endless portion” is interpreted to mean “an open ended” portion. All claims reciting “the endless portion” are interpreted the same way.
Claims 4 and 5 are rejected as they depend from dependent claim 3.
Claim 6 recites the limitation “a concave portion that is concave in a direction perpendicular to the moving direction”. It is unclear how the concavity can be in a particular direction and is not defined by the claim. One of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 6 also recites the limitation “a movement portion having a protrusion amount from the concave portion that is variable by moving in the concave portion”. It is unclear what the phrase “that is variable by moving in the concave portion” is being applied to. One of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 7 and 8 are rejected as they depend from dependent claim 6.
Claim 9 recites the limitation “the endless portion” in line 1 of the claim. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, “the endless portion” is interpreted to mean --the infusion pump comprises an open ended portion that--.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, and 11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Travis et al. (US Patent Publication No. 20230256158 A1), hereinafter Travis.
Regarding claim 1, Travis teaches an infusion pump (Travis: Fig. 13, infusion pump system 100) for feeding a drug (medical fluids; para. 0032), the infusion pump (100) comprising: a main body portion (Fig. 13, pump module 130) comprising a first engagement portion (Fig. 16, latch 1650 extends from module 130; para. 0045); and a main body mounting portion (Fig. 13, door assembly 131) comprising a second engagement portion (Fig. 16, door securement 1500) configured to engage with the first engagement portion (Fig. 16, latch portal 1538 of securement 1500 receives latch 1650); wherein: the main body portion (130) and the main body mounting portion (131) are configured to feed a drug (para. 0032) in an infusion tube (Fig. 13, tube set 140) by sandwiching the infusion tube (140) therebetween (Fig. 13, door assembly 131 closes and sandwiches the tube set 140 between the module 130 and the assembly 131; para. 0038); the main body mounting portion (131) is mounted on the main body portion (130) by engaging the first engagement portion (1650) and the second engagement portion (door assembly 131 mounts to the module 131 via latch portal 1538 of securement 1500 receiving latch 1650); and the first engagement portion (1650) and the second engagement portion (1500) are engaged with each other by movement of the second engagement portion (1500) by elastic force (Fig. 16, latch 1650 engages with eye 1554 of the sliding carriage 1550, which is biased by spring 1606; para. 0045-0046) in conjunction with a mounting operation (latch 1650 is moved into the secured position when the door assembly 131 is closed; para. 0038 and 0045-0046) in which the main body portion (130) and the main body mounting portion (131) approach each other (para. 0038 and 0045-0046) with the infusion tube (140) sandwiched therebetween (Fig. 13, door assembly 131 closes and sandwiches the tube set 140 between the module 130 and the assembly 131; para. 0038).
Regarding claim 2, Travis teaches the infusion pump above, wherein the second engagement portion (1500) is configured to be moved by an elastic force (Fig. 16, latch 1650 engages with eye 1554 of the sliding carriage 1550, which is biased by spring 1606; para. 0045-0046) in a direction intersecting a moving direction (Fig. 16, carriage 1550 is moved by the engagement of the latch 1650 with eye 1554 in a longitudinal direction, which intersects the lateral movement of the latch 1650 from the closing of door assembly 131; para. 0045-0046) of the main body portion (130) and the main body mounting portion (131) in the mounting operation (para. 0038 and 0045-0046).
Regarding claim 11, Travis teaches a method of operating an infusion pump (100) for feeding a drug (para. 0032), the method comprising: providing the infusion pump (100), which comprises: a main body portion (130) comprising a first engagement portion (1650); and a main body mounting portion (131) comprising a second engagement portion (1500) configured to engage with the first engagement portion (1500 engages with 1650); performing a mounting operation (para. 0038 and 0045-0046) in which the main body portion (130) and the main body mounting portion (131) approach each other (para. 0038 and 0045-0046) with the infusion tube (140) sandwiched therebetween (Fig. 13, door assembly 131 closes and sandwiches the tube set 140 between the module 130 and the assembly 131; para. 0038), thereby causing the first engagement portion (130) and the second engagement portion (131) to engage with each other by movement of the second engagement portion (1500) by elastic force (Fig. 16, latch 1650 engages with eye 1554 of the sliding carriage 1550, which is biased by spring 1606; para. 0045-0046), and thereby mounting the main body mounting portion (131) on the main body portion (para. 0038 and 0045-0046); and feeding a drug (para. 0032) in the infusion tube (140) sandwiched (para. 0038) between the main body portion (130) and the main body mounting portion (131).
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.
Claims 3, 9, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Travis.
Regarding claim 3, Travis discloses the infusion pump above, wherein: the second engagement portion (1500) comprises a capture portion (Fig. 16, eye 1554) configured to engage with the first engagement portion (1650), an open ended portion (Fig. 16, carriage 1550) to which the capture portion (1554) is attached (Fig. 16, eye 1554 is attached to carriage 1550), a shaft (Fig. 16, shaft 1608) penetrating the open ended portion (Fig. 16, shaft 1608 penetrates carriage 1550), and an elastic portion (Fig. 16, spring 1606) configured to bias the open ended portion (1550) in a longitudinal direction of the shaft (Fig. 16, carriage 1550 is biased in a longitudinal direction of the shaft 1608; para. 0046); and the second engagement portion (1500) is configured to engage with the first engagement portion (1650) by the capture portion (1554) and the open ended portion (1550) moving in the longitudinal direction of the shaft (1608) by an elastic force of the elastic portion (Fig. 16, carriage 1550 is moved by the engagement of the latch 1650 with eye 1554, biased by spring 1606, in a longitudinal direction; para. 0045-0046).
Travis does not expressly disclose that the capture portion is a claw portion.
It would have been an obvious matter of design choice to make the capture portion whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Regarding claim 9, Travis discloses the infusion pump above, wherein: the infusion pump comprises and open ended portion (Fig. 16, carriage 1550).
Travis does not expressly disclose that the open ended portion is a cylindrical portion.
It would have been an obvious matter of design choice to make the open ended portion whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Regarding claim 10, Travis discloses an infusion pump (100) for feeding a drug (para. 0032), the infusion pump (100) comprising: a main body portion (Fig. 13, door assembly 131) comprising a first engagement portion (Fig. 16, door securement 1500), wherein the first engagement portion (1500) comprises: a capture portion (1554), an open ended portion (1550) to which the capture portion (1554) is attached (eye 1554 is attached to carriage 1550), a shaft (1608) penetrating the open ended portion (1608 penetrates 1550), and an elastic portion (1606) configured to bias the open ended portion (1550) in a longitudinal direction of the shaft (carriage 1550 is biased in a longitudinal direction of the shaft 1608; para. 0046); and a main body mounting portion (Fig. 13, pump module 130) comprising a second engagement portion (Fig. 16, latch 1650) configured to engage with the first engagement portion (1650 engages 1500), wherein the second engagement portion (1650) comprises: a protrusion (Fig. 16, latch 1650 is shaped to be a protrusion) having an opening (Fig. 16, latch 1650 is shaped to be a protrusion with a hook opening); wherein: the main body portion (131) and the main body mounting portion (130) are configured to feed a drug (para. 0032) in an infusion tube (140) by sandwiching the infusion tube (140) therebetween (door assembly 131 closes and sandwiches the tube set 140 between the module 130 and the assembly 131; para. 0038); the main body mounting portion (130) is mounted on the main body portion (130) by engaging the first engagement portion (1500) and the second engagement portion (door assembly 131 mounts to the module 131 via latch portal 1538 of securement 1500 receiving latch 1650); and the first engagement portion (1500) and the second engagement portion (1650) are engaged with each other by movement of the first engagement portion (1500) by elastic force (Fig. 16, latch 1650 engages with eye 1554 of the sliding carriage 1550, which is biased by spring 1606; para. 0045-0046) in conjunction with a mounting operation (latch 1650 is moved into the secured position when the door assembly 131 is closed; para. 0038 and 0045-0046) in which the main body portion (131) and the main body mounting portion (130) approach each other (para. 0038 and 0045-0046) with the infusion tube (140) sandwiched therebetween (Fig. 13, door assembly 131 closes and sandwiches the tube set 140 between the module 130 and the assembly 131; para. 0038).
Travis does not expressly disclose that the open ended portion is a cylindrical portion and the capture portion is a claw portion.
It would have been an obvious matter of design choice to make the cylindrical portion and the capture portion whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Conclusion
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/LEI GONZALEZ/ Examiner, Art Unit 3783
/SCOTT J MEDWAY/ Primary Examiner, Art Unit 3783