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 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)(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) 1-6, 10-12, 15-17, 20, 22 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Woodard et al. (US 2021/0298653 A1).
With regard to claim 1, Woodard discloses An apparatus (Fig. 1 and 2) for holding at least one extracorporeal device of a cardiac-support system (holding bag 154 or tubing 152, it is also noted that this is a functional limitation and the actual extracorporeal device is not positively claimed and therefore not required to be taught by the prior art as long as the apparatus is capable of holding an extracorporeal device), the apparatus comprising: a receiving unit (at 214 in Fig. 2) configured to receive at least one extracorporeal device (bag and tubing), wherein the at least one extracorporeal device is connected to an implant device (distal end of 140, shown in Fig. 1 is designed to placed inside a patient) of a cardiac support system via a supply line (152 and 140); and a fastening unit (any one of 132, or 134 shown in Fig. 1) configured to fasten the receiving unit to a furniture; a power supply unit (112, battery pack) configured to provide electrical energy to the at least one extracorporeal device ([0060]); and a charging cable (114) configured to provide the electrical energy from the power supply unit to the extracorporeal device ([0060], the power cable charges the battery supply 112 which in turn powers the extracorporeal device).
With regard to claim 2, Woodard discloses wherein the at least one extracorporeal device is a control unit of the cardiac support system or an energy storage unit of the cardiac support system (as explained above the extracorporeal device is not positively claimed and therefore not required to be taught by the art as long the recited structure of the apparatus is able to hold an extracorporeal device of a cardiac support system).
With regard to claim 3, Woodard discloses wherein the receiving unit (at 214) comprises a coupling element (any of hook 528, better shown in Fig. 5 or 216 which holds the tubing) configured to couple the at least one extracorporeal device to the receiving unit (as shown in fig. 2).
With regard to claim 4, Woodard discloses wherein the receiving unit is configured to receive at least two extracorporeal devices separately from each other (this is a functional limitation thus the receiving unit must only be capable of receiving at least two devices. Because the device of the bag and tubing can be removed, the receiving unit is considered to be capable of holding different extracorporeal devices).
With regard to claim 5, Woodard discloses wherein the receiving unit is detachably connected to the fastening unit (as shown in Fig. 1, the fastening unit can either be 132 or 134).
With regard to claim 6, Woodard discloses further comprising a cable retention device configured to guide the supply line at least in sections (216).
With regard to claim 10, Woodard discloses wherein the fastening unit (any of 132, 134) is configured to connect to the furniture in a form-fitting, non-positive, or material-fitting manner ([0061]).
With regard to claim 11, Woodard discloses further comprising a cable guide (216) configured to guide a cable (152) extending between an external power supply (112 or 114) and the receiving unit (215).
With regard to claim 12, Woodard discloses A mounting device (Fig. 1 and 2, element 110) for coupling a medical device (154) to a holding device (this is not positively recited and therefore not require to be taught by the prior art) comprising: a connecting device (214); and a receiving hook (either 528 better shown in fig. 5 or 216 considered a hook as it contains or holds the tubing) attached to the connecting device (214) and configured to couple with a medical device as shown in Fig. 2); a power supply unit (112, battery pack) configured to provide electrical energy to the at least one extracorporeal device ([0060]); and a charging cable (114) configured to provide the electrical energy from the power supply unit to the extracorporeal device ([0060], the power cable charges the battery supply 112 which in turn powers the extracorporeal device).
With regard to claim 15, Woodard discloses wherein the receiving hook comprises an electrical interface (216 is an RFID reading considered an electrical interface) configured to be in contact with a corresponding electrical interface (156) of the medical device when the medical device is coupled with the receiving hook ([0071], [0072], [0084]).
With regard to claim 16, Woodard discloses further comprising a charging device (112 or 114), wherein the contact with the electrical interface of the receiving hook and the corresponding electrical interface of the medical device is configured to allow the charging device to provide charge for the medical device (when the 156 is located in 216 as shown in Fig. 2, the battery 112 or power cable 114 would be capable of charging the RFID devices 156/216).
With regard to claim 17, Woodard discloses further comprising an adapter member (216 can be considered an adapter member without further specific structure) configured to couple to the connecting device (214) and the medical device (152/156) so that the adapter member is positioned between the connecting device and the medical device (shown in Fig. 2), wherein the adapter member is configured to establish electrical communication between the connecting device and the medical device ([0071], [0072], [0084]).
With regard to claim 20, Woodard discloses the system further comprising the at least one extracorporeal device (bag 152).
With regard to claim 22, Woodard discloses wherein the at least one extracorporeal device comprises at least two extracorporeal devices, wherein the receiving unit is configured to receive the at least two extracorporeal devices separately from each other ([0062], [0115], the bag and tubing is disposable and then replaced with a new one, each replaced bag is considered one of the extracorporeal devices).
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, 20, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bluvshtein et al. (US 2016/0022889 A1) in view of Woodard et al. (US 2021/0298653 A1).
With regard to claim 1, Bluvhtein discloses an apparatus (Fig. 1 and 3) for holding at least one extracorporeal device (86 and 52) of a cardiac-support system (11), the apparatus comprising: a receiving unit (22) configured to receive at least one extracorporeal device (52 and 86), wherein the at least one extracorporeal device is connected to an implant device (14) of a cardiac support system via a supply line (18/19); and a fastening unit (belt attached to 22 as shown in Fig. 1) configured to fasten the receiving unit to a furniture (the belt would be configured to attached to furniture as it could be strapped to anything); a power supply unit (24 battery pack) configured to provide electrical energy to the at least one extracorporeal device ([0133]).
However, Bluvshtein does not disclose a charging cable.
Woodard teaches a charging cable (114) configured to provide the electrical energy from the power supply unit to the extracorporeal device ([0060], the power cable charges the battery supply 112 which in turn powers the extracorporeal device).
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 Bluvshtein with the charging cable as taught by Woodard for the purpose of recharging the rechargeable cables ([0060]).
With regard to claim 20, Bluvshtein discloses the system further comprising the at least one extracorporeal device (86 and 52).
With regard to claim 21, Bluvshtein discloses wherein the extracorporeal device is a control unit (52 and 86) of the cardiac support unit.
Claim(s) 13, 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woodard et al. (US 2021/0298653 A1) in view of Croizat et al. (US 2013/0289536 A1).
With regard to claim 13 and 23, Woodard discloses a charging cable and a suspension arm (either 132 or 134) configured to couple the connecting device to a furniture.
However, Woodard does not disclose a winding section.
Croizat teaches a similar receptacle (Fig. 2a, element 3) for holding an extracorporeal device (4) and further including a winding section (element 5 within housing 2) configured to receive a wound cable ([0095], [0066]).
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 Woodard with the winding section as taught by Croizat for the purpose of accommodating cable that are not needed at the time ([0095]).
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woodard et al. (US 2021/0298653 A1) in view of Patel et al. (US 2023/0060232 A1).
With regard to claim 18 and 19, Woodard discloses a sensor fore measuring the fluid content.
However, Woodard does not explicitly disclose detecting the presence of the extracorporeal device itself.
Patel teaches hanging a bag from a hook similar to that of Woodard (see Fig. 1, bag 132 hanging from hook 122). Patel further teaches the hook is configured to detect the presence of the at least one extracorporeal device ([0041]).
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 hook of Woodard with the hook that can detect that a bag is attached as taught by Patel for the purpose of measuring the weight of the bag to determine bag attachment ([0034], [0035]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-6, 10-13, 15-23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant states that Woodard does not teach the power supply unit and the charging cable and mentions that the previous office action indicates that it appeared the office action was indicating the socket plug was the power supply unit and that the socket could not be considered part of the apparatus. Examiner agrees but believes the Office Action was misinterpreted as how now been clarified in the above rejection. The power supply is the battery unit 112 and the charging cable is 114 and [0060] in indicates the cable is used to power the extracorporeal device and is used to charge the power supply batteries as well.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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