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 .
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 driver must be shown/labeled 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.
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) 1-2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilson et al. (US 2017/0232185 A1) in view of Fath et al. (US 4,769,017).
With regard to claim 1, Wilson discloses A pump assembly (Fig. 3a and 4a) for the treatment of injection medical devices comprising: a pumping body (20); a pump casing (18); a driver ([0032], motors which drive the piston/plunger) housed within the pump casing connected with and configured to actuate the pumping body ([0032]); a pump head comprising: a pump chamber (space within 18), wherein the pumping body is configured to pressurize the pump chamber (see Fig. 3a); and an inlet port (at 78) and a delivery port (at 79), wherein the inlet port and the delivery port are each in fluid communication with the pump chamber (see Fig. 3a); an inlet manifold (24) in fluid communication with the inlet port; a delivery manifold (26) in fluid communication with the delivery port; wherein both the inlet manifold and the delivery manifold each comprise separate assemblies (see Fig. 3a) comprising the following elements: a first tubular body (78 and 84) connected with the pump head and comprising an internal cavity (the lumens of 78 and 80) facing respectively the inlet port and the delivery port, and a first flange (see annotated drawing below) comprising a first flange abutting surface (the flange necessarily has a abutting surface); a second tubular body (see annotated drawing below and element 84) having an insertion portion inserted into the internal cavity of the first tubular body and in fluid-tight connection respectively with the inlet port and the delivery port, and a second flange (see annotated drawing below) provided at a position between a radially inner end and a radially outer end of the second tubular body and comprising a second flange abutting surface (the second flange necessarily has abutting surface) adjacent the first flange abutting surface.
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However, Wilson does not disclose a first and second clamp.
Fath teaches a manifold having valves attached and further teaches the use of clamps to mate the manifold parts together (Col 3, lines 13-27). Thus providing an alternate way to connect the valve members.
Therefore, it would be prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Wilson with the clamp connection as taught by Fath as a well-known substitute for connecting two manifold components without altering the overall function of the device (Col 3, lines 13-27).
With regard to claim 2, Wilson discloses wherein each of the inlet and delivery manifolds further comprise a gasket seal (350 and 366/368/370) located, respectively, at the inlet port and the delivery port, and wherein the insertion portion of each of the second tubular bodies of the inlet manifold and of the delivery manifold extend from the respective first flange abutting surface to the respective gasket seal of the inlet manifold and the delivery manifold (see fig. 3a).
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilson et al. (US 2017/0232185 A1) in view of Fath et al. (US 4,769,017) and in further view of Zhang et al. (CN 105822519 A)(citations taken from attached translation).
With regard to claim 4 and 5, Wilson/Fath teach the claimed invention except for a first and second heater.
Zhang teaches a piston pump device (Fig. 1, element 3 is the pump head and further includes a first electric heater (5a) and a second electric heater (5b) configured to heat the pump head (p. 4, fourth paragraph) nad are located about 180 degrees from one another.
Therefore, it would be prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Wilson/Fath with the heaters as taught by Zhang for the purpose of controlling the movement of the piston head (p. 4, fourth paragraph and fifth paragraph).
Claim(s) 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilson et al. (US 2017/0232185 A1) in view of Fath et al. (US 4,769,017) and in further view of Zhang et al. (CN 105822519 A)(citations taken from attached translation) and Tracy et al. (US 2010/0258592 A1).
With regard to claim 6, Wilson/Fath teach the claimed invention except for the heaters.
Zhang teaches two electric heaters (5a and 5b), while a third heater is not taught this is considered a mere duplicate of parts as the third heater does not have any additional structure or function that defines it from the first and second heater.
Therefore, it would be prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Wilson/Fath with the heaters as taught by Zhang for the purpose of controlling the movement of the piston head (p. 4, fourth paragraph and fifth paragraph).
However, Wilson/Fath/Zhang teach the claimed inventions except for an thermal probe.
Tracy teaches heaters and the use of thermal probe ([0082]) to ensure the heaters maintain a set temperature.
Therefore, it would be prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Wilson/Fath/Zhang with the thermal probe as taught by Tracy for the purpose of maintaining a set temperature ([0082]).
With regard to claim 7, Wilson/Fath teach the claimed invention except for the heaters.
Zhang teaches wherein the first electric heater and the second electric heater are spaced apart from each other in a circumferential direction by an angle of between about 90° and about 180° (5a and 5b are 180 degress from one another).
Therefore, it would be prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Wilson/Fath with the heaters as taught by Zhang for the purpose of controlling the movement of the piston head (p. 4, fourth paragraph and fifth paragraph).
With regard to claim 8, Wilson/Fath teach the claimed invention except for the heaters.
Zhang teaches two electric heaters (5a and 5b), while a third heater is not taught this is considered a mere duplicate of parts as the third heater does not have any additional structure or function that defines it from the first and second heater.
Therefore, it would be prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Wilson/Fath with the heaters as taught by Zhang for the purpose of controlling the movement of the piston head (p. 4, fourth paragraph and fifth paragraph).
With regard to claim 9, Wilson/Fath teach the claimed invention except for the heaters.
Zhang teaches two electric heaters (5a and 5b), while a third heater is not taught this is considered a mere duplicate of parts as the third heater does not have any additional structure or function that defines it from the first and second heater. Zhang further teaches a control unit (p. 2, second and third paragraph of the Background) for controlling the first and second heaters.
Therefore, it would be prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Wilson/Fath with the heaters as taught by Zhang for the purpose of controlling the movement of the piston head (p. 4, fourth paragraph and fifth paragraph).
However, Wilson/Fath/Zhang teach the claimed inventions except for an thermal probe.
Tracy teaches heaters and the use of thermal probe ([0082]) to ensure the heaters maintain a set temperature.
Therefore, it would be prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Wilson/Fath/Zhang with the thermal probe as taught by Tracy for the purpose of maintaining a set temperature ([0082]).
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilson et al. (US 2017/0232185 A1) in view of Fath et al. (US 4,769,017) and in further view of Birnbaum et al. (WO 2013/142264 A2).
With regard to claim 10, Wilson/Fath teach the claimed invention except for a bolts to create the connection.
Birnbaum teaches the connection of a pump assembly (107, fig. 1 and 2) with a housing/ pump casing (105)the connection interface being mechanical through a first plurality of bolts (208, Fig. 1 and 2) and the pump head being connect with the connection interface through a second plurality of bolts (there are multiples of bolts (thus one can be considered the first and the other of 208 can be considered the second).
Therefore, it would be prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Wilson/Fath with the bolts as taught by Birnbaum for the purpose of providing a tool-less coupling of the pump and the housing (p.7, lines 20 to end).
With regard to claim 11, Wilson/Fath teach the claimed invention except for bolts and slots.
Birnbaum teaches the connection of a pump assembly (107, fig. 1 and 2) with a housing/ pump casing (105) the connection interface being mechanical through a first plurality of bolts (208, Fig. 1 and 2) and the pump head being connect with the connection interface through a second plurality of bolts (there are multiples of bolts (thus one can be considered the first and the other of 208 can be considered the second). Birnbaum further includes slots (209) wherein each through slot comprises a first portion configured to be contacted by the hold head to axially retain the connection interface (Fig. 1 and 2, p. 7, lines 20 to end) and a second portion circumferentially adjacent to the first portion configured to be transversed by the bolt head (p. 7, lines 20 to end).
Therefore, it would be prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Wilson/Fath with the bolts and slots as taught by Birnbaum for the purpose of providing a tool-less coupling of the pump and the housing (p.7, lines 20 to end).
Allowable Subject Matter
Claim 3 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN P FARRAR whose telephone number is (571)270-1496. The examiner can normally be reached Monday - Friday 9am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Sirmons can be reached at 571-272-4965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Lauren P Farrar/Primary Examiner, Art Unit 3783
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