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 Species 2 (claims 8-15) in the reply filed on 2/9/2026 is acknowledged.
Claims 1-7 and 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/9/2026.
Claims 1-7 and 16-20 have been canceled.
New claims 21-32 are also examined in this office action.
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 third display screen displaying a plurality of blood processing procedures (claims 13, 26, 32) must be shown or the feature(s) canceled from the claim(s). 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.
Specification
Examiner suggests applicant to update the status of parent U.S. Patent Application No. 17/838,902 to U.S. Patent No.11,911,554 and U.S. Patent Application No. 16/254,826 to U.S. Patent No.11,383,016 in Paragraph [0000] of the specification filed 1/3/2024.
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.
Claims 12-13, 25-26, 28, and 31-32 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Recitation of “the specified blood processing procedure” in bridging lines 2-3 of claims 12, 25 and 31 lacks a positive antecedent basis.
Recitation of “the controller” in line 1 of claims 13, 26 and 32 lacks a positive antecedent basis.
Recitation of “the format” in line 1 of claim 28 lacks a positive antecedent basis.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 8-15 and 21-32 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4-7 and 10-11 of U.S. Patent No. 11,911,554. Although the claims at issue are not identical, they are not patentably distinct from each other because:
The comparison table discusses claims and relevant difference below.
The corresponding claims of U.S. Patent No. 11,911,554 that anticipate the instant Application No. 18/403,166 are set forth below and any necessary comparison. In general, apparatus claims (particularly controller) of U.S. Patent No. 11,911,554 teaches method claims of instant Application No. 18/403,166.
Application No. 18/403,166
Claim Number
U.S. Patent No. 11,911,554
Claim Number
Comparison
8
1
Narrow claim 1 anticipates broad instant claim 8 and contains all the limitations of claim 8.
9
2/1
Narrow claim 2/1 anticipates broad instant claim 9 and contains all the limitations of claim 9.
10
4/3/1
Narrow claim 4/3/1 anticipates broad instant claim 10 and contains all the limitations of claim 10.
11
4/3/1
Narrow claim 4/3/1 anticipates broad instant claim 11 and contains all the limitations of claim 11.
12
10/1
Narrow claim 10/1 anticipates broad instant claim 12 and contains all the limitations of claim 12.
13
5/1
Narrow claim 5/1 anticipates broad instant claim 13 and contains all the limitations of claim 13.
14
6/5/1
Narrow claim 6/5/1 anticipates broad instant claim 14 and contains all the limitations of claim 14.
15
7/1
Narrow claim 7/1 anticipates broad instant claim 15 and contains all the limitations of claim 15.
21
1
Narrow claim 1 anticipates broad instant claim 21 and contains all the limitations of claim 21.
22
2/1
Narrow claim 2/1 anticipates broad instant claim 22 and contains all the limitations of claim 22.
23
4/3/1
Narrow claim 4/3/1 anticipates broad instant claim 23 and contains all the limitations of claim 23.
24
4/3/1
Narrow claim 4/3/1 anticipates broad instant claim 24 and contains all the limitations of claim 24.
25
10/1
Narrow claim 10/1 anticipates broad instant claim 25 and contains all the limitations of claim 25.
26
5/1
Narrow claim 5/1 anticipates broad instant claim 26 and contains all the limitations of claim 26.
27
1
Narrow claim 1 anticipates broad instant claim 27 and contains all the limitations of claim 27.
28
2/1
Narrow claim 2/1 anticipates broad instant claim 28 and contains all the limitations of claim 28.
29
4/3/1
Narrow claim 4/3/1 anticipates broad instant claim 29 and contains all the limitations of claim 29.
30
4/3/1
Narrow claim 4/3/1 anticipates broad instant claim 30 and contains all the limitations of claim 30.
31
10/1
Narrow claim 10/1 anticipates broad instant claim 31 and contains all the limitations of claim 31.
32
5/1
Narrow claim 5/1 anticipates broad instant claim 32 and contains all the limitations of claim 32.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 01/65463 A2 teaches a method for processing blood or blood products using an automated apheresis system including a programmable controller. a database. and an interactive display screen for displaying information and receiving operator input (see abstract, Fig. 1A, Fig. 1C: the blood component collection system processes (collects) blood); the method comprising: displaying on the screen of the apheresis device a listing of different blood processing procedures that may be performed using the system (see page 49 first full paragraph: select a procedure from the procedure list shown in screen 351), displaying on the screen an initial list of parameters that are associated with the specified blood processing procedure (see page 49 first full paragraph: when the operator selects a procedure in the list, the parameters for the selected procedure are shown), displaying current values of the selected parameters in the selected format during performance of the specified procedure (see page 55, last paragraph - page 57, paragraph 2: current values are continuously supplied to the visit status table and the monitor procedure task window is updated based on said values), saving data periodically during performance of the specified blood processing procedure (page 55 last paragraph - page 57 paragraph 2: current values are continuously supplied to the visit status table); and transferring information to a procedure record form (see page 58 last paragraph - page 59, paragraph 1: reports are generated from data collected during the run).
Aseem Kishore: "Capture Screenshots at Defined Time Intervals Automatically in Windows", 26 May 2016, XP055568189, teaches saving an image of the display screen; the information is transferred from the saved images of the display screens (see page 2, paragraphs 1-2, "capture multiple screenshots ... so that you can see the activity occurring on the computer" - seeing the activity implies that information from the saved images is transferred to a record form on which this information can be seen).
US 2003/0093503 A1 teaches a system for controlling medical instruments (see Figures 1-3).
US 2014/0069868 A1 teaches a method for automated blood prime (see Figures 6-7).
US 2015/0115180 A1 teaches a method and apparatus to verify correct replacement
fluid in a therapeutic exchange procedure (see Figures 4-5).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN KIM whose telephone number is (571)272-1142. The examiner can normally be reached Maxi 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, IN SUK BULLOCK can be reached on 571-272-5954. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/John Kim/Primary Examiner, Art Unit 1777
JK
3/24/26
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