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
Claim 13 is objected to because of the following informalities: “each of the connected channel” does not make sense. It is suggested amending to “each of the connected channels”. 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 11-13 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.
In claim 11, Applicant uses the terms “cutting” three times, and it is unclear what such a term is meant to convey. For example on lines 4-6, “the first elastic component is configured to always have a tendency to drive the upper thimble to move upward to a first position of cutting the liquid inlet channel from above,”. Applicant uses the term in ¶50 of the specification dated Aug 3, 2023 with respect to figs 13-15, but the meaning of “cutting” is still considered unclear.
In claim 12, it is unclear how “multiple intermediate channels” are related to “a intermediate channel” in claim 11. If they are the same, the examiner suggests amending to “where the intermediate channel comprises multiple intermediate channels.
In claim 13, it is unclear how “multiple connected channels” are related to “a connected channel” in claim 11.
Allowable Subject Matter
Claims 1-10 and 14-18 are allowed.
Claims 11-13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The examiner did not find a teaching or suggestion for modifying the closest art CN 112974010A such that it has an elastic braided hose with a maximum pressure endurance value greater than or equal to 2MPa, while many claimed features are not specifically disclosed, they are basic features of a peristaltic pump. However, the peristaltic pump of the reference is only disclosed as pressurizing to 0.1-0.3 MPa, such that the examiner did not find a reason to modify with a braided hose with a maximum pressure endurance value of 2 MPa or higher.
Novkov et al (US 2024/0024613) is also considered close art, and discloses using specific pressures with peristaltic pumps capable of being used with a nebulizer (¶80 discloses lower pressure such as 200 PSI, which is 1.38 MPa), such that there is a small reason to modify with a braided hose with a maximum pressure endurance value of 2 MPa or higher (for a comfortable safety margin). More important, is that Novkov discloses a cassette such that it is not obvious to modify it with a mating part movable relative to the fixing part which have a closed state with the elastic braided hose arranged between the mating and fixing parts (as the elastic braided hose is not intended to be removed from the pump and thus there is no need for the mating and fixing parts to be movable with respect to each other).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY JAMES OSINSKI whose telephone number is (571)270-3640. The examiner can normally be reached Monday to Thursday 9AM to 5PM.
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/BRADLEY J OSINSKI/Primary Examiner, Art Unit 3783