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 .
This office action is in response to applicant’s communication of 4/29/2026. Currently new amended claims 41-60 are pending. Claims 41-50, 52-55, and 60 are rejected below.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 41-50, 52-55, and 60 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The following claim language is not described in the specification. The terms and terminology of the claimed limitations are inconsistent with the description of structures in the specification. It is unclear which structures of the specification (and drawings) describe the claimed structures.
The following claimed structures fail to comply with the written description.
(as in claims 41, 50, 52, and 60)
“refusion pump”
“a pump”
It is unclear to the examiner which structures of the disclosed embodiments describe a “refusion pump” and “a pump”. Examiner is unclear if this is referencing two different structures or one structure and which elements are the “resusion pump” and “a pump” as described in the claims.
Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following claimed structures must be shown or the feature(s) canceled from the claim(s).
The following claimed structures fail to must be shown in the drawings.
“refusion pump”
“a pump”
Again, it is unclear to the examiner which structures of the disclosed embodiments describe a “refusion pump” and “a pump”. Examiner is unclear if this is referencing two different structures or one structure and which elements are the “resusion pump” and “a pump” as described in the claims.
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Allowable Subject Matter
The following prior art is considered relevant:
Hogendijk (US 2004/0019310 A1)
Daneshvar (US 5,603,700)
LaFontaine et al. (US 5,407,424)
Aklog et al.(US 8,734,374 B2)
Quick (US 11,154,314 B2)
Buck et al. (US 12,171,917 B1)
Claims 51, and 56-59 are allowed.
Claims 41-50, 52-55, and 60 may be allowable and overcome the prior art above depending on which claimed structures are described in the specification (if they overcome the 112 rejections and drawing objections above). Particularly the claim language of “…refusion pump...”.
The pressure sensor in combination with the specific structures of the reinfusion chamber and filter appears to overcome the prior art above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILLIP A GRAY whose telephone number is (571)272-7180. The examiner can normally be reached M-F 9-5 EST (FLEX).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached at (571)270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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PHILLIP A. GRAY
Primary Examiner
Art Unit 3783
/PHILLIP A GRAY/Primary Examiner, Art Unit 3783
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