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 Objections
Claims 11 and 23-25 are objected to because of the following informalities:
Claim 11 line 2 should read, “said at least one side wall and said conduit”
Claim 23 line 7 should read, “wherein a fluid conduit of said fluid conduit portion comprises”
Claim 24 line 2 should read, “from said power supply portion through said conductive”
Claim 25 lines 5-6 should read, “attached to said [[powers]] power supply portion, and releasing said fluid conduit portion, whereby said second contact pressed inner walls of said contact attached to said [[powers]] power supply portion”
These amendments are suggested to provide clarity and consistency within the claims. Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 2 and 3 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 2 recites the limitation "said portions" in line2. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "said electrical connecting or said mechanical connecting" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1, 4 and 12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Iverson et al. (US 20220313880 hereinafter “Iverson”).
Regarding Claim 1, Iverson teaches (Fig 2) A device for preparation of infusion fluid comprising:
a first portion (136, 104, 106, 110) comprising:
a fluid conduit (104) comprising electrically conductive material (160, 154) with non-zero resistance, wherein said fluid conduit (104) acts as a heater for heating fluid therewithin, by providing electricity through said conductive material with non-zero resistance (See [0040-0041]; also see [0031] teaching resistive heating elements) ; and
a second portion (132, 176, 178) selectively couplable and decouplable to the first portion, in the field, and comprising:
a power source (132) comprising a power supply and/or connectivity to an external power supply (See [0040] teaching 132 receives power from power supply);
at least one connector (164, 165) mechanically interconnecting said first portion with said second portion (See [0040] teaching mechanical connection, "electrical connector 164 is configured to mechanically mate with an electrical connector 165 "), and electrically connecting said electrically conductive material of said fluid conduit to said power source of said second portion (see [0040] teaching electrical connection to power 132, "establish the electrical coupling between electrical connector 164 and control circuitry 132 and/or the power supply).
Regarding Claim 4, Iverson teaches the device according to claim 1, wherein said at least one connector (165) is a permanent part of said second portion (second portion includes 132, 176, 178; see Fig 2 and [0046] where 165 is a part of housing 166 which houses 132).
Regarding Claim 12, Iverson teaches the device according to claim 1, wherein said at least one connector (164, 165) comprises two connector parts, a first connector part (164) and a second connector part (165), configured for selectively couplable and decouplable therebetween (see [0040]), wherein said first connector part (164) is attached to said fluid conduit (104) and said second connector part (165) is a permanently part of said second portion (second portion includes 132, 176, 178; see Fig 2 and [0046] where 165 is a part of housing 166 which houses 132).
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) 2-3, 5-11, 13, 16-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iverson (US 20220313880) in view of Pesach et al. (US 20100286467 hereinafter “Pesach”).
Regarding Claim 2, Iverson teaches all elements of claim 1 as described above. Iverson teaches that the connectors (164 and 165) mechanically mate (See [0040]). However Iverson does not specify that wherein said at least one connector connects said first portion to said second portion by pressing said portions together.
Pesach teaches (Figs 7-8) a mechanical matting between portions of a connector (101 and 102) wherein at least one connector connects said first portion (101) to said section portion (102) by pressing said portions together (See [0116] teaches this is a "snap" connection. This snap connection is interpreted to occur by "pressing" the portions 101 and 102 together).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connector of Iverson such that the connector connects said first portion to said second portion by pressing said portions together as taught by Pesach. One of ordinary skill in the art would have been motivated to do so as this is another known way to fluidly and electrically connect two portions of an infusion device (Pesach [0116]).
Regarding Claim 3, the combination of Iverson and Pesach teaches all elements of claim 2 as described above. Pesach further teaches that the connector portions are connectable and de-connectable multiple times (See [0011] teaching repeated connection and disconnection. Pesach does not specify wherein said first portion and said second portion are connectable and de-connectable at least 10 times without reducing a quality of said electrical connecting or said mechanical connecting.
It would have been an obvious matter of design choice to a person having ordinary skill in the art before the effective filing date of the present invention to modify the combination of Iverson and Pesach to include wherein said first portion and said second portion are connectable and de-connectable at least 10 times without reducing a quality of said electrical connecting or said mechanical connecting since applicant has not disclosed that having wherein said first portion and said second portion are connectable and de-connectable at least 10 times without reducing a quality of said electrical connecting or said mechanical connecting solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either design (with a connector that is repeatedly connected and disconnected for multiple uses but not specifically at least10 times). Furthermore, absent a teaching as to the criticality of wherein said first portion and said second portion are connectable and de-connectable at least 10 times without reducing a quality of said electrical connecting or said mechanical connecting, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement.
Regarding Claim 5, Iverson teaches all elements of claim 4 as described above. Iverson does not specify that the at least one connector comprises an elastic clip.
Pesach teaches (Fig 11) a connector comprising flexible clips (127).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connector of Iverson such that the connector comprises an elastic clip as taught by Pesach. One of ordinary skill in the art would have been motivated to do so in order to lock the connecting parts together and prevent any leakage (Pesach 0121]).
Regarding Claim 6, the combination of Iverson and Pesach teaches the device according to claim 5, wherein said elastic clip (Pesach 127) elastically grips said fluid conduit (Pesach 123) with enough force to both provide mechanical stabilization and ensure good electrical connection through a contact (Pesach 130, 131, 132) therebetween (See Pesach [0121] teaching how the clips ensure that the connector is locked in place and prevents leakage, the examiner interprets that this would provide mechanical stabilization; Also see Iverson [0046] teaching mechanical and electrical connectivity with the connectors).
Regarding Claim 7, the combination of Iverson and Pesach teaches all elements of claim 5 as described above. The combination further teaches the device wherein said elastic clip (Pesach 127) comprises a base (Pesach 121) and at least one side wall (Pesach Fig 11, side walls of 121 or clip extensions 127), wherein said base is configured for permanent attachment to said second portion (See Iverson see Fig 2 and [0046] where 165 is a part of housing 166 which houses second portion 132).
Regarding Claim 8, the combination of Iverson and Pesach teaches all elements of claim 5 as described above. Iverson does not specify the device wherein said elastic clip is coated on an outside surface thereof with an electrically insulating layer.
Pesach teaches [0115] that a side of the device could be coated with an electrically non-conductive layer to protect that section of the device from heat.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the elastic clip of the modified Iverson such that the said elastic clip is coated on an outside surface thereof with an electrically insulating layer as taught by Pesach. One of ordinary skill in the art would recognize that applying such a coating would help protect certain portions of the device from high heat temperatures (Pesach [0115]).
Regarding Claim 9, the combination of Iverson and Pesach teaches all elements of claim 5 as described above. Iverson does not specify the device wherein said elastic clip comprises a contact sensor.
Pesach teaches (Fig 11) wherein said elastic clip (127) comprises a contact sensor (130, 131, 132, 133, 134 or 135).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connector of Iverson such that it includes a contact sensor as taught by Pesach. One of ordinary skill in the art would have been motivated to do so in order to provide electrical connection to a heater or temperature sensor (See Pesach [0122]).
Regarding Claim 10, the combination of Iverson and Pesach teaches the device according to claim 9, wherein said contact sensor is a temperature sensor (See Pesach [0122] teaching that the contact sensors 130, 131, 132, 133, 134 or 135 are connected to a temperature sensor).
Regarding Claim 11, the combination of Iverson and Pesach teaches the device according to claim 9, wherein said contact sensor (Pesach 130, 131, 132, 133, 134 or 135) is integrated in a layer between said at least one wall (Pesach side wall of 121 or 122) and said conduit (Pesach 123).
Regarding Claim 13, Iverson teaches all elements of claim 12 as described above. Iverson does not specify the device wherein said first connector part comprises a first contact, configured to connect to said fluid conduit and a second contact configured to connect to said second connector part.
Pesach teaches (Fig 11) a first connector part (122) with a first contact (130, 131,132 or 128) connecting to the fluid conduit (123) and a second contact (133, 134, 135 or 129) configured to connect to the second connector part (121).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connector parts of Iverson such that said first connector part comprises a first contact, configured to connect to said fluid conduit and a second contact configured to connect to said second connector part as taught by Pesach. One of ordinary skill in the art would have been motivated to do so in order to provide electrical connection to a heater or temperature sensor (See Pesach [0122]).
Regarding Claim 16, the combination of Iverson and Pesach teaches the device according to claim 13, wherein a body (Pesach Fig 11, body of 122) connecting said first contact (Pesach Fig 11; 130, 131 or 132) and said second contact (Pesach Fig 11; 133, 134 or 135).
Regarding Claim 17, the combination of Iverson and Pesach teaches the device wherein said first contact (Pesach Fig 11; 128) electrically contacts said fluid conduit by extending around a portion of said conduit (See Pesach Fig 11 and [0122]).
Regarding Claim 18, the combination of Iverson and Pesach teaches the device according to claim 13, wherein said first contact (Pesach 128) comprises a lumen sized and shaped to receive said fluid conduit (See Pesach [0122] teaching how 128 snaps into the fluid conduit).
Regarding Claim 19, the combination of Iverson and Pesach teaches the device according to claim 18, wherein said first contact (Pesach 128, 130, 131, 132) comprises a slot parallel to the longitudinal axis of said lumen (See Pesach Fig 11, the tube is parallel to the slots of 130, 131 and 132).
Regarding Claim 20, the combination of Iverson and Pesach teaches the device according to claim 19, wherein said first contact (Pesach 128) is configured to be snapped onto said fluid conduit through said slot (See Pesach [0122] teaching how 128 snaps into the fluid conduit).
Regarding Claim 21, the combination of Iverson and Pesach teaches all elements of claim 16 as described above. The combination does not specify the device wherein said body comprises a conductive material, and wherein said conductive material of said body is insulated from non-attached portions of said fluid conduit by a separator disposed between said body and said fluid conduit.
Iverson teaches [0077] that the body may comprise conductive material (160, 214, 216), and also be insulated from non-attached portions by a separator (See [0077] substrate 222 insulating the conductive material).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Iverson such that said body comprises a conductive material, and wherein said conductive material of said body is insulated from non-attached portions of said fluid conduit by a separator disposed between said body and said fluid conduit as taught by the embodiment of Iverson Fig 7. One of ordinary skill in the art would have been motivated to do so in order to insulate the body of the device from the outer surface (Iverson [0077]).
Regarding Claim 22, the combination of Iverson and Pesach teaches all elements of claim 4 as described above. Iverson further teaches the device wherein said at least one connector (164, 165) is a pair of connectors (164, 165 and 172, 174), wherein said pair of connectors are positioned side by side on said second portion (See Fig 2, the connectors 165 and 174 are side by side on second portion 132), and is configured to close an electrical circuit with said conduit (See Fig 2; the circuit is complete with conduit 104).
Regarding Claim 23, Iverson teaches (Fig 2) A method for assembling a device for preparation of infusion fluid, comprising:
(a) connecting a fluid conduit portion (104) to a power supply portion (132) by at least one connector (164, 165), wherein said at least one connector (164, 165) mechanically interconnects (see [0040] teaching mechanically mated) said fluid conduit portion (104) and said power supply portion (132); and
(b) releasing said fluid conduit portion (104), wherein a fluid conduit of fluid conduit portion comprises electrically conductive material (160, 154), thereby said at least one connector (164, 165) mechanically coupling and electrically connecting said fluid conduit (104) to said power supply portion (132; see [0040] teaching mechanical and electrical connection).
Iverson does not specify the mechanical interconnection by pressing said fluid conduit portion onto said power supply portion, or that the fluid conduit portion is released.
Pesach teaches (Figs 7-8) a mechanical mating between portions of a connector (101 and 102) wherein at least one connector connects said first portion (101) to said section portion (102) by pressing said portions together (See [0116] teaches this is a "snap" connection. This snap connection is interpreted to occur by "pressing" the portions 101 and 102 together). Pesach also teaches [0011] that the connection may be connected and disconnected multiple times.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connector of Iverson such that the mechanical interconnection is by pressing said fluid conduit portion onto said power supply portion as taught by Pesach. One of ordinary skill in the art would have been motivated to do so as this is another known way to fluidly and electrically connect two portions of an infusion device (Pesach [0116]).
Regarding Claim 24, the combination of Iverson and Pesach teaches all elements of claim 23 as described above. Iverson further teaches the method comprises heating said fluid conduit by providing current from said power supply through said conductive material (See [0040-0041] teaching how heat is provided through power supply to the fluid conduit 104; also see [0031] teaching resistive heating elements).
Regarding Claim 25, the combination of Iverson and Pesach teaches all elements of claim 23 as described above. Iverson does not specify the method wherein said at least one connector comprises a contact attached to said power supply portion and connector attached to said fluid conduit, wherein said connector attached to said fluid conduit comprises a second contact, wherein the method comprises pushing said second contact into said contact attached to said powers supply portion, and releasing said fluid conduit portion, whereby said second contact pressed inner walls of said contact attached to said powers supply portion.
Pesach teaches (Fig 11) a first connector part (122) with a first contact (130, 131,132 or 128) connecting to the fluid conduit (123) and a second contact (133, 134, 135 or 129) configured to connect to the second connector part (121).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connector parts of Iverson such that said first connector part comprises a first contact, configured to connect to said fluid conduit and a second contact configured to connect to said second connector part as taught by Pesach. One of ordinary skill in the art would have been motivated to do so in order to provide electrical connection to a heater or temperature sensor (See Pesach [0122]).
With the modification done in claim 23, it is interpreted that with the addition of the contacts to Iverson, Iverson would then read on wherein the method comprises pushing said second contact into said contact attached to said powers supply portion, and releasing said fluid conduit portion, whereby said second contact pressed inner walls of said contact attached to said powers supply portion (See Pesach Fig 11, and Pasch [0011] teaching how the connectors are connected and disconnected multiple times).
Regarding Claim 26, the combination of Iverson and Pesach teaches all elements of claim 23 as described above. Iverson does not specify the method wherein said at least one connector comprises an elastic clip attached to said power supply portion, wherein the method comprises pushing a section of said fluid conduit into said elastic clip, whereby forcing apart two walls of said at least one elastic clip connector, and releasing said fluid conduit within said elastic clip, wherein said elastic clip grips said fluid conduit.
Pesach teaches (Fig 11) a connector comprising an elastic clip (127; see [0122] teaching how clip 127 is flexible) attached to a power supply portion (See [0122] teaching how the connection leads to connection to a heater, this is considered a power supply for portion 122), wherein a section of the fluid conduit (Pesach 123) is pushed into the elastic clip (127) forcing apart of two walls (the flexible clip members 127) and releasing said fluid conduit (123) within the clip (127) and wherein the elastic clip (127) grips the fluid conduit (123; see [0122] teaching how the clip 127 is attached and locked to provide no leakage along the fluid conduit).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connector of Iverson such that wherein said at least one connector comprises an elastic clip attached to said power supply portion, wherein the method comprises pushing a section of said fluid conduit into said elastic clip, whereby forcing apart two walls of said at least one elastic clip connector, and releasing said fluid conduit within said elastic clip, wherein said elastic clip grips said fluid conduit as taught by Pesach. One of ordinary skill in the art would have been motivated to do so as this is another known way to fluidly and electrically connect two portions of an infusion device (Pesach [0122]).
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iverson (US 20220313880) in view of Pesach (US 20100286467) as applied to claim 13 above, and further in view of Fulkerson et al. (US 20110315611 hereinafter “Fulkerson”).
Regarding Claim 14, the combination of Iverson and Pesach teaches all elements of claim 13 as described above. The combination does not specify the device wherein said first contact and said second contact are high-power contacts.
Fulkerson teaches [0203] an infusion device with contacts that are high power contacts that allow for 24 volt current and 15 amperes.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the contacts of Iverson such that they are high power contacts as taught by Fulkerson. One of ordinary skill in the art would have been motivated to do so in order to allow the device to transmit higher current power that is used in similar infusion devices (Fulkerson [0203]).
Regarding Claim 15, the combination of Iverson and Pesach teaches all elements of claim 13 as described above. The combination does not specify the device wherein said first contact and said second contact are configured to pass power of at least 10 amperes over the at least one connector at a voltage of at least 24 volts.
Fulkerson teaches [0203] an infusion device with contacts that are high power contacts that allow for 24 volt current and 15 amperes.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the contacts of Iverson such that they are high power contacts as taught by Fulkerson. One of ordinary skill in the art would have been motivated to do so in order to allow the device to transmit higher current power that is used in similar infusion devices (Fulkerson [0203]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NEERAJA GOLLAMUDI whose telephone number is (571)272-6449. The examiner can normally be reached Mon-Fri 8-5.
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/NEERAJA GOLLAMUDI/Examiner, Art Unit 3783
/WESLEY G HARRIS/Examiner, Art Unit 3783