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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-19) in the reply filed on 4/24/26 is acknowledged. Claim 20 is withdrawn from consideration
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.
Claim(s) 1-8, 10-12, and 14-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (US 6143329).
Regarding claim 1, Kim discloses a syringe for de-airing a liquid conduit of an extracorporeal life support system (fig. 1), the syringe comprising: an inner barrel (barrel formed by 18 and 26) having an elongated distal tip defining a distal tip opening (opening into 22 formed by distal tip of 18); an outer barrel (unlabeled outer barrel illustrated in fig. 1, which surrounds the inner barrel identified above and forms at least element 14) at least partially surrounding the inner barrel (see fig. 1), an inner wall of the outer barrel spaced apart from at least a portion of an outer wall of the inner barrel defining a space therebetween (space visible in fig. 1), the outer barrel having a distal end with at least one opening (opening of outer barrel at the bottom of fig. 1), and a proximal opening (opening of outer barrel at the top of fig. 1), wherein the at least one opening is proximal of the distal tip opening of the inner barrel (see fig. 1); and a plunger 36 disposed within the inner barrel and axially movable relative to the inner barrel, the plunger having a friction fit with an inner wall of the inner barrel (see fig. 1).
Regarding claim 2, Kim discloses the inner barrel and the outer barrel are coaxial (see fig. 1).
Regarding claim 3, Kim discloses one or more radially extending supports connect the outer wall of the inner barrel to the inner wall of the outer barrel (see the inwardly extending supports positioned above the end of the section of the outer barrel where 14 is located in fig. 1).
Regarding claim 4, Kim discloses the at least one opening in the outer barrel is a distally facing opening (see fig. 1).
Regarding claim 5, Kim discloses the distally facing opening surrounds the elongated distal tip of the inner barrel (see fig. 1).
Regarding claim 6, Kim discloses the distal tip tapers distally to the distal tip opening (see the decreasing wall sections of 18 progressing toward the bottom of fig. 1).
Regarding claim 7, Kim discloses the outer barrel includes a coupler for coupling with a connector in the liquid conduit of the extracorporeal life support system (distal section of the outer barrel with element 14, fig. 1).
Regarding claim 8, Kim discloses the coupler includes a distal tubular extension with inner threading (distal portion of the outer barrel with threading 14), wherein the elongated distal tip of the inner barrel extends through the distal tubular extension and the distal tip opening is spaced apart distally from a distal end of the distal tubular extension (see fig. 1).
Regarding claim 10, Kim discloses the space is open to an ambient environment via the proximal opening (see fig. 1).
Regarding claim 11, Kim discloses a portion of the outer wall of the inner barrel is fixed to a portion of the inner wall of the outer barrel (see the inwardly extending supports positioned above the end of the section of the outer barrel where 14 is located in fig. 1 connecting to the inner barrel).
Regarding claim 12, Kim discloses the distal tip opening is offset from a central longitudinal axis of the inner barrel (in fig. 2, where the inner barrel extends past 34 and away to the side aperture, the distal tip opening being offset therefrom) and centered on a central longitudinal axis of the outer barrel (see fig. 1-2).
Regarding claim 14, Kim discloses a syringe for de-airing a conduit of an extracorporeal life support system (fig. 1), the syringe comprising: an inner barrel (barrel formed by 18 and 26) having an elongated distal tip defining a distal tip opening (opening into 22 formed by distal tip of 18); a plunger 36 disposed within the inner barrel and axially movable relative to the inner barrel (see fig. 1); and an outer barrel (unlabeled outer barrel illustrated in fig. 1, which surrounds the inner barrel identified above and forms at least element 14) coupled to and surrounding the inner barrel (see fig. 1) with an inner wall of the outer barrel spaced apart from at least a portion an outer wall of the inner barrel and defining a space therebetween (space visible in fig. 1), the outer barrel having a proximal opening (opening of outer barrel at the top of fig. 1) and a distal end defining a distally facing opening (opening of outer barrel at the bottom of fig. 1), the distal end including a coupler (distal section of the outer barrel with element 14, fig. 1), wherein the elongated distal tip of the inner barrel extends through the distally facing opening with the distal tip opening spaced apart distal of the distally facing opening of the outer barrel (see fig. 1), wherein the distally facing opening is in fluid communication with the space between the inner barrel and the outer barrel (see fig. 1).
Regarding claim 15, Kim discloses the inner barrel and the outer barrel are coaxial (see fig. 1).
Regarding claim 16, Kim discloses the elongated distal tip tapers distally to the distal tip opening (see the decreasing wall sections of 18 progressing toward the bottom of fig. 1).
Regarding claim 17, Kim discloses the coupler includes a distal extension with internal threading (distal portion of the outer barrel with threading 14).
Regarding claim 18, Kim discloses a portion of the outer wall of the inner barrel is fixed to a portion of the inner wall of the outer barrel (see the inwardly extending supports positioned above the end of the section of the outer barrel where 14 is located in fig. 1 connecting to the inner barrel).
Regarding claim 19, Kim discloses the space is open to an ambient environment via the proximal opening (see fig. 1).
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Grabenkort (US 5779668).
Regarding claim 9, Kim discloses the syringe as claimed, including a distal tubular extension/connector that visibly resembles a luer or luer lock type coupling that is fully capable of coupling with a connector in a liquid conduit of an extracorporeal life support system (see fig. 1), except for specifically disclosing a luer lock coupling. However, Grabenkort teaches utilizing a threaded connection that forms a luer lock coupling (col. 6, ln. 1-4). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to specifically utilize a luer lock coupling as the threaded connector of Kim, as taught by Grabenkort, for the purpose of providing sufficient structure to create an effective connection utilizing a known standard connector in the medical art. Furthermore, such a modification is the result of a simple substitution of one known connector (luer lock) for another (generic threaded connector) to achieve a predictable result (connection).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Gomez et al. (US 20210220538).
Regarding claim 13, Kim discloses the syringe as claimed, including the inner barrel is sealed with the plunger (see fig. 1), except for the inner barrel is filled with saline. However, Gomez et al. teaches utilization of saline as one of a number of fluid sources for a medical system (par. 0013). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Kim to utilize saline, as taught by Gomez et al., for the purpose of adapting the system for use of saline-related procedures.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Andino et al. (US 10188550): in particular, embodiments starting with fig. 8 which illustrate inner and outer barrels
Vedrine et al. (US 20020010428): in particular, embodiments staring with fig. 10 which illustrate inner and outer barrels
Eichenbaum et al. (US 4377897): an inner barrel tip aligned with outer barrel central axis but not inner barrel central axis
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN R PRICE whose telephone number is (571)270-5421. The examiner can normally be reached Mon-Fri 8:00am-4:00pm Eastern time.
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/NATHAN R PRICE/Primary Examiner, Art Unit 3783
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