Prosecution Insights
Last updated: April 19, 2026
Application No. 18/471,673

OXYGENATOR AND EXTRACORPOREAL MEMBRANE OXYGENATION DEVICE

Non-Final OA §103§112
Filed
Sep 21, 2023
Examiner
RAYMOND, LINNAE ELIZABETH
Art Unit
3781
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
BEIHANG UNIVERSITY
OA Round
1 (Non-Final)
50%
Grant Probability
Moderate
1-2
OA Rounds
3y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 50% of resolved cases
50%
Career Allow Rate
51 granted / 101 resolved
-19.5% vs TC avg
Strong +64% interview lift
Without
With
+64.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
62 currently pending
Career history
163
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
56.2%
+16.2% vs TC avg
§102
13.2%
-26.8% vs TC avg
§112
25.9%
-14.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 101 resolved cases

Office Action

§103 §112
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 . Claims 1-20 are pending in the instant application and are examined on the merits herein. Priority The instant application claims no priority. Claims 1-20 receive the filing date of the instant application, filed on 09/21/2023. Specification The abstract of the disclosure is objected to because it contains phrases which could be implied (i.e. “disclosed are”). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). Claim Objections Claims 1 and 9 are objected to because of the following informalities: Claim 1 recites the limitation “an oxygenation chamber (200), arranged” in ln. 7. This should read “an oxygenation chamber (200) arranged”. Further, claim 1 recites the limitation “a partition plate (300), arranged” in ln. 10. This should read “a partition plate (300) arranged”. Claim 9 recites the limitation “the gas outlet (160) is arranged on one end, close to the blood outlet (120) of the side wall of the housing (100) close to the blood outlet (120)” in ln. 4-5. This should read “the gas outlet (160) is arranged on one end of the side wall of the housing (100) close to the blood outlet (120)”. 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 1-20 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. Claim 1 recites the limitation "a partition plate arranged between the housing and the oxygenation chamber" in ln. 10-11. This limitation is indefinite in that it is unclear how the partition plate can be arranged between the entire housing and the oxygenation chamber arranged within the housing. For the sake of compact prosecution, the examiner is treating the claim as though it reads "a partition plate, arranged between the side wall of the housing and the oxygenation chamber". Claim 4 recites the limitation “wherein the first isolation part is arranged between the housing and the oxygenation chamber and at a side close to the blood outlet; the second isolation part is arranged between the housing and the oxygenation chamber” in ln. 2-5. This limitation is indefinite in that it is unclear how the first and second isolation parts can be arranged between the entire housing and the oxygenation chamber arranged within the housing. For the sake of compact prosecution, the examiner is treating the claim as though it reads “wherein the first isolation part is arranged between the side wall of the housing and the oxygenation chamber and at a side close to the blood outlet; the second isolation part is arranged between the side wall of the housing and the oxygenation chamber”. Claim 17 is considered to be indefinite for the same reason as claim 4 and is treated similarly. Claims 2-3, 5-16, and 18-20 are rejected for depending upon a rejected base claim. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. PNG media_image1.png 710 736 media_image1.png Greyscale Ex. Fig. 1 of Mimura Fig. 6 Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over JP/H0614966 B2 to Mimura. Regarding claim 1, Mimura discloses an oxygenator (Fig. 6; pg. 1 ln. 8-11) comprising: a housing (Fig. 6, 1 housing), provided with an upper end cover (Ex. Fig. 1, upper end cover) and a lower end cover arranged opposite to each other (Ex. Fig. 1, lower end cover arranged opposite upper end cover), wherein the upper end cover is connected to the lower end cover via a side wall (Ex. Fig. 1), a blood inlet is arranged on the upper end cover (Ex. Fig. 1, 10 blood inlet arranged on upper end cover), and a blood outlet is arranged at one end of the lower end cover of the housing close to the side wall (Ex. Fig. 1, 11 blood outlet arranged at one end of lower end cover close to side wall); an oxygenation chamber arranged in the housing (Ex. Fig. 1, oxygenation chamber comprised of A blood inlet chamber and B gas exchange chamber), wherein blood is fed into the oxygenation chamber through the blood inlet (Fig. 6, arrows showing path of blood through oxygenation chamber), and the blood oxygenated is discharged through the blood outlet (Fig. 6, arrows showing path of blood through oxygenation chamber; pg. 1-2 ln. 12-13 and 1; pg. 4-5 ln. 16-21 and 1-2; pg. 7 ln. 10-21; pg. 14 ln. 4-8); and a partition plate arranged between the housing and the oxygenation chamber (Ex. Fig. 1, 2 partition wall arranged between the side wall of the housing and the oxygenation chamber), wherein the partition plate is arranged in a same direction as the upper end cover (Ex. Fig. 1 showing 2 partition plate arranged in the same direction as the upper end cover), and divides an interior of the housing into a heat medium chamber and a gas chamber (Fig. 6, 2 partition plate divides interior of 1 housing into A blood inlet chamber comprising heat exchange and B gas exchange chamber; pg. 11-12 ln. 18-21 and 1-13). Mimura differs from the instantly claimed invention in that Mimura fails to explicitly disclose wherein the blood inlet is arranged at a center of the upper end cover. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have rearranged the position of the blood inlet so that it’s arranged at the center of the upper end cover since this claimed position of the blood inlet does not change its ability to pass blood into the oxygenation chamber. Since applicant has not given any criticality to why the position of the blood inlet disclosed has any importance to the function of the claimed device, the Federal Circuit held that, where the only difference between the prior art and the claims was the position of a claimed element and altering the position of that claimed element would not have modified the operation of the device, the claimed device was not patentably distinct from the prior art device because it merely involved the rearrangement of parts. See MPEP 2144. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). Regarding claim 2, Mimura discloses the invention of claim 1, Mimura further discloses: wherein the side wall of the housing is provided with a heat medium inlet and a heat medium outlet (Ex. Fig. 1, side wall provided with 17 heat medium inlet and 18 heat medium outlet), a heat medium is fed into the heat medium chamber through the heat medium inlet (Fig. 6, arrows showing path of gas through 17 heat medium outlet and 18 heat medium outlet; Fig. 6, 2 partition plate divides interior of 1 housing into A blood inlet chamber comprising heat exchange and B gas exchange chamber; pg. 11-12 ln. 18-21 and 1-13), and the heat medium subjected to heat exchange is discharged through the heat medium outlet (Fig. 6, arrows showing path of gas through 17 heat medium outlet and 18 heat medium outlet; Fig. 6, 2 partition plate divides interior of 1 housing into A blood inlet chamber comprising heat exchange and B gas exchange chamber; pg. 11-12 ln. 18-21 and 1-13). Regarding claim 3, Mimura discloses the invention of claim 2, Mimura further discloses: wherein an interior of the heat medium chamber is further provided with a first isolation part and a second isolation part (Ex. Fig. 1, A blood inlet chamber comprising heat exchange provided with first isolation part and second isolation part), and the first isolation part and the second isolation part separate the heat medium chamber into a first heat medium chamber and a second heat medium chamber (Ex. Fig. 1, first and second isolation parts separate A blood inlet chamber comprising heat exchange into first and second heat medium chambers); the first heat medium chamber is communicated with the heat medium inlet (Ex. Fig. 1, first heat medium chamber directly communicated with 17 heat medium inlet), and the second heat medium chamber is communicated with the heat medium outlet (Ex. Fig. 1, second heat medium chamber directly communicated with 18 heat medium outlet); the first heat medium chamber is communicated with the second heat medium chamber via a heat medium pipeline (Ex. Fig. 1, first and second heat medium chamber communicated via 15 heat medium pipeline; pg. 11-12 ln. 18-21 and 1-13), and the heat medium pipeline extends through the oxygenation chamber (Ex. Fig. 1, 15 heat medium pipeline extending through oxygenation chamber). Regarding claim 4, Mimura discloses the invention of claim 3, Mimura further discloses: wherein the first isolation part is arranged between the housing and the oxygenation chamber and at a side close to the blood outlet (Ex. Fig. 1, first isolation part arranged between side wall of the housing and the oxygenation chamber and at a side close to 11 blood outlet); the second isolation part is arranged between the housing and the oxygenation chamber and at a side away from the blood outlet (Ex. Fig. 1, second isolation part arranged between side wall of the housing and the oxygenation chamber and at a side away from 11 blood outlet); the first isolation part and the second isolation part divide the heat medium chamber into the first heat medium chamber and a second heat medium chamber having a same size (Ex. Fig. 1, first and second heat medium chambers divided by first and second isolation parts into areas of same size). Regarding claim 5, Mimura discloses the invention of claim 4, Mimura further discloses: wherein the heat medium inlet and the heat medium outlet are arranged close to the blood outlet (Ex. Fig. 6 showing 1 housing in cross-section wherein 17 heat medium inlet and 18 heat medium outlet are arranged directly across from one another and at the same section as 11 blood outlet); the oxygenation chamber is of a quadrangular prism structure (pg. 4-5 ln. 11-21 and 1-4; Ex. Fig. 1 showing oxygenation chamber in cross-section as a rectangle), and two opposite side surfaces of the oxygenation chamber are connected via the heat medium pipeline (Ex. Fig. 1, opposite side walls of oxygenation chamber connected via 15 heat medium pipeline). Mimura differs from the instantly claimed invention in that Mimura fails to explicitly disclose wherein the heat medium inlet and heat medium outlet are arranged on one end of the side wall of the housing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have rearranged the position of the heat medium inlets and outlets so they were on an end of the side wall since this claimed position of the inlet and outlet does not change their ability to pass heat medium through the heat medium pipeline. Since applicant has not given any criticality to why the position of the heat medium inlet and outlet disclosed has any importance to the function of the claimed device, the Federal Circuit held that, where the only difference between the prior art and the claims was the position of a claimed element and altering the position of that claimed element would not have modified the operation of the device, the claimed device was not patentably distinct from the prior art device because it merely involved the rearrangement of parts. See MPEP 2144. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). Regarding claim 6, Mimura discloses the invention of claim 1, Mimura further discloses: wherein the side wall of the housing is provided with a gas inlet and a gas outlet (Ex. Fig. 1, side wall provided with 12 gas inlet and 13 gas outlet), an oxygen-containing gas is fed into the gas chamber through the gas inlet (Fig. 6, arrows showing path of gas through 12 gas inlet and 13 gas outlet; Fig. 6, 2 partition plate divides interior of 1 housing into A blood inlet chamber comprising heat exchange and B gas exchange chamber; pg. 1-2 ln. 12-13 and 1; pg. 4-5 ln. 16-21 and 1-2; pg. 7 ln. 10-21; pg. 14 ln. 4-8), and the gas subjected to gas blood exchange is exhausted through the gas outlet (Fig. 6, arrows showing path of gas through 12 gas inlet and 13 gas outlet; Fig. 6, 2 partition plate divides interior of 1 housing into A blood inlet chamber comprising heat exchange and B gas exchange chamber; pg. 1-2 ln. 12-13 and 1; pg. 4-5 ln. 16-21 and 1-2; pg. 7 ln. 10-21; pg. 14 ln. 4-8). Regarding claim 7, Mimura discloses the invention of claim 6, Mimura further discloses: wherein an interior of the gas chamber is provided with a third isolation part and a fourth isolation part (Ex. Fig. 1, B gas exchange chamber provided with third and fourth isolation parts), and the third isolation part and the fourth isolation part separate the gas chamber into a first gas chamber and a second gas chamber (Ex. Fig. 1, third and fourth isolation parts separate B gas exchange chamber into first and second gas chambers); the first gas chamber is communicated with the gas inlet (Ex. Fig. 1, first gas chamber directly communicated with 12 gas inlet), and the second gas chamber is communicated with the gas outlet (Ex. Fig. 1, second gas chamber directly communicated with 13 gas outlet) the first gas chamber is communicated with the second gas chamber via a gas pipeline (Ex. Fig. 1, first and second gas chamber communicated via 4 hollow fibers; pg. 1-2 ln. 12-13 and 1; pg. 4-5 ln. 16-21 and 1-2; pg. 7 ln. 10-21; pg. 14 ln. 4-8), and the gas pipeline extends through the oxygenation chamber (Ex. Fig. 1, 4 hollow fibers extending through oxygenation chamber). Regarding claim 8, Mimura discloses the invention of claim 7, Mimura further discloses: wherein the third isolation part and the fourth isolation part are respectively arranged at both ends of the gas chamber (Ex. Fig. 1 showing third and fourth isolation parts arranged at either end of B gas chamber); the third isolation part and the fourth isolation part divide the gas chamber into the first gas chamber and a second gas chamber having a same size (Ex. Fig. 1, first and second gas chamber divided by third and fourth isolation parts into areas of same size). Regarding claim 9, Mimura discloses the invention of claim 8, Mimura further discloses: wherein the gas inlet is arranged on one end of the side wall of the housing near the blood outlet (Ex. Fig. 1 showing 1 housing in cross-section wherein 12 gas inlet is arranged on the side wall at the same section of 11 blood outlet); the gas outlet is arranged on one end of the side wall of the housing close to the blood outlet (Ex. Fig. 1 showing 1 housing in cross-section wherein 13 gas inlet is arranged on the side wall at the same section of 11 blood outlet); the oxygenation chamber is of a quadrangular prism structure (pg. 4-5 ln. 11-21 and 1-4; Ex. Fig. 1 showing oxygenation chamber in cross-section as a rectangle), and two opposite side surfaces of the oxygenation chamber are connected via the gas pipeline (Ex. Fig. 1, opposite side walls of oxygenation chamber connected via 4 hollow fibers). Mimura differs from the instantly claimed invention in that Mimura fails to explicitly disclose wherein the gas inlet is arranged away from the blood outlet. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have rearranged the position of the gas inlet to be arranged away from the blood outlet since this claimed position of the inlet does not change its ability to pass gas through the gas pipeline. Since applicant has not given any criticality to why the position of the gas inlet disclosed has any importance to the function of the claimed device, the Federal Circuit held that, where the only difference between the prior art and the claims was the position of a claimed element and altering the position of that claimed element would not have modified the operation of the device, the claimed device was not patentably distinct from the prior art device because it merely involved the rearrangement of parts. See MPEP 2144. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). Regarding claim 10, Mimura discloses the invention of claim 2, Mimura further discloses: wherein the side wall of the housing is provided with a heat medium inlet and a heat medium outlet (Ex. Fig. 1, side wall provided with 17 heat medium inlet and 18 heat medium outlet), a heat medium is fed into the heat medium chamber through the heat medium inlet (Fig. 6, 2 partition plate divides interior of 1 housing into A blood inlet chamber comprising heat exchange and B gas exchange chamber; pg. 11-12 ln. 18-21 and 1-13), and the heat medium subjected to heat exchange is discharged through the heat medium outlet (Fig. 6, 2 partition plate divides interior of 1 housing into A blood inlet chamber comprising heat exchange and B gas exchange chamber; pg. 11-12 ln. 18-21 and 1-13). Regarding claim 11, Mimura discloses the invention of claim 3, Mimura further discloses: wherein the side wall of the housing is provided with a heat medium inlet and a heat medium outlet (Ex. Fig. 1, side wall provided with 17 heat medium inlet and 18 heat medium outlet), a heat medium is fed into the heat medium chamber through the heat medium inlet (Fig. 6, 2 partition plate divides interior of 1 housing into A blood inlet chamber comprising heat exchange and B gas exchange chamber; pg. 11-12 ln. 18-21 and 1-13), and the heat medium subjected to heat exchange is discharged through the heat medium outlet (Fig. 6, 2 partition plate divides interior of 1 housing into A blood inlet chamber comprising heat exchange and B gas exchange chamber; pg. 11-12 ln. 18-21 and 1-13). Regarding claim 12, Mimura discloses the invention of claim 4, Mimura further discloses: wherein the side wall of the housing is provided with a heat medium inlet and a heat medium outlet (Ex. Fig. 1, side wall provided with 17 heat medium inlet and 18 heat medium outlet), a heat medium is fed into the heat medium chamber through the heat medium inlet (Fig. 6, 2 partition plate divides interior of 1 housing into A blood inlet chamber comprising heat exchange and B gas exchange chamber; pg. 11-12 ln. 18-21 and 1-13), and the heat medium subjected to heat exchange is discharged through the heat medium outlet (Fig. 6, 2 partition plate divides interior of 1 housing into A blood inlet chamber comprising heat exchange and B gas exchange chamber; pg. 11-12 ln. 18-21 and 1-13). Regarding claim 13, Mimura discloses the invention of claim 5, Mimura further discloses: wherein the side wall of the housing is provided with a heat medium inlet and a heat medium outlet (Ex. Fig. 1, side wall provided with 17 heat medium inlet and 18 heat medium outlet), a heat medium is fed into the heat medium chamber through the heat medium inlet (Fig. 6, 2 partition plate divides interior of 1 housing into A blood inlet chamber comprising heat exchange and B gas exchange chamber; pg. 11-12 ln. 18-21 and 1-13), and the heat medium subjected to heat exchange is discharged through the heat medium outlet (Fig. 6, 2 partition plate divides interior of 1 housing into A blood inlet chamber comprising heat exchange and B gas exchange chamber; pg. 11-12 ln. 18-21 and 1-13). Claims 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Mimura as applied above, and further in view of CN/113350596 A to Chen. Regarding claim 14, Mimura discloses the invention of claim 1 (as explained above); however, Mimura fails to explicitly disclose the oxygenator of claim 1 in an extracorporeal membrane oxygenation device (ECMO). Chen teaches an oxygenator similar to Mimura that is used in an extracorporeal membrane oxygenation device (pg. 2 ln. 3-6; Fig. 3a, oxygenator). Chen is considered to be analogous to the instantly claimed invention in that Chen discloses an oxygenator. It would be considered obvious to one of ordinary skill in the art before the effective filing date of the instant application to utilize the oxygenator of Mimura in an ECMO system as taught by Chen, because Chen teaches that an oxygenator is the key core component of ECMO systems whose main functions are blood oxygen exchange and carbon dioxide removal (pg. 2 ln. 3-6). Regarding claim 15, the combination of the prior art discloses the invention of claim 14, the combination further discloses: wherein the side wall of the housing is provided with a heat medium inlet and a heat medium outlet (Mimura: Ex. Fig. 1, side wall provided with 17 heat medium inlet and 18 heat medium outlet), a heat medium is fed into the heat medium chamber through the heat medium inlet (Mimura: Fig. 6, 2 partition plate divides interior of 1 housing into A blood inlet chamber comprising heat exchange and B gas exchange chamber; pg. 11-12 ln. 18-21 and 1-13), and the heat medium subjected to heat exchange is discharged through the heat medium outlet (Mimura: Fig. 6, 2 partition plate divides interior of 1 housing into A blood inlet chamber comprising heat exchange and B gas exchange chamber; pg. 11-12 ln. 18-21 and 1-13). Regarding claim 16, the combination of the prior art discloses the invention of claim 15, the combination further discloses: wherein an interior of the heat medium chamber is further provided with a first isolation part and a second isolation part (Mimura: Ex. Fig. 1, A blood inlet chamber comprising heat exchange provided with first isolation part and second isolation part), and the first isolation part and the second isolation part separate the heat medium chamber into a first heat medium chamber and a second heat medium chamber (Mimura: Ex. Fig. 1, first and second isolation parts separate heat medium chamber into first and second heat medium chambers); the first heat medium chamber is communicated with the heat medium inlet (Mimura: Ex. Fig. 1, first heat medium chamber directly communicated with 17 heat medium inlet), and the second heat medium chamber is communicated with the heat medium outlet (Mimura: Ex. Fig. 1, second heat medium chamber directly communicated with 18 heat medium outlet); the first heat medium chamber is communicated with the second heat medium chamber via a heat medium pipeline (Mimura: Ex. Fig. 1, first and second heat medium chamber communicated via 15 heat medium pipeline; pg. 11-12 ln. 18-21 and 1-13), and the heat medium pipeline extends through the oxygenation chamber (Mimura: Ex. Fig. 1, 15 heat medium pipeline extending through oxygenation chamber). Regarding claim 17, the combination of the prior art discloses the invention of claim 16, the combination further discloses: wherein the first isolation part is arranged between the housing and the oxygenation chamber and at a side close to the blood outlet (Mimura: Ex. Fig. 1, first isolation part arranged between side wall of the housing and the oxygenation chamber and at a side close to 11 blood outlet); the second isolation part is arranged between the housing and the oxygenation chamber and at a side away from the blood outlet (Mimura: Ex. Fig. 1, second isolation part arranged between side wall of the housing and the oxygenation chamber and at a side away from 11 blood outlet); the first isolation part and the second isolation part divide the heat medium chamber into the first heat medium chamber and a second heat medium chamber having a same size (Mimura: Ex. Fig. 1, first and second heat medium chambers divided by first and second isolation parts into areas of same size). Regarding claim 18, the combination of the prior art discloses the invention of claim 17, the combination further discloses: wherein the heat medium inlet and the heat medium outlet are arranged close to the blood outlet (Mimura: Ex. Fig. 6 showing 1 housing in cross-section wherein 17 heat medium inlet and 18 heat medium outlet are arranged directly across from one another and at the same section as 11 blood outlet); the oxygenation chamber is of a quadrangular prism structure (Mimura: pg. 4-5 ln. 11-21 and 1-4; Ex. Fig. 1 showing oxygenation chamber in cross-section as a rectangle), and two opposite side surfaces of the oxygenation chamber are connected via the heat medium pipeline (Mimura: Ex. Fig. 1, opposite side walls of oxygenation chamber connected via 15 heat medium pipeline. The prior art of the combined invention differs from the instantly claimed invention in that the combination fails to explicitly disclose wherein the heat medium inlet and heat medium outlet are arranged on one end of the side wall of the housing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have rearranged the position of the heat medium inlets and outlets so they were on an end of the side wall since this claimed position of the inlet and outlet does not change their ability to pass heat medium through the heat medium pipeline. Since applicant has not given any criticality to why the position of the heat medium inlet and outlet disclosed has any importance to the function of the claimed device, the Federal Circuit held that, where the only difference between the prior art and the claims was the position of a claimed element and altering the position of that claimed element would not have modified the operation of the device, the claimed device was not patentably distinct from the prior art device because it merely involved the rearrangement of parts. See MPEP 2144. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). Regarding claim 19, the combination of the prior art discloses the invention of claim 14, the combination further discloses: wherein the side wall of the housing is provided with a gas inlet and a gas outlet (Mimura: Ex. Fig. 1, side wall provided with 12 gas inlet and 13 gas outlet), an oxygen-containing gas is fed into the gas chamber through the gas inlet (Mimura: Fig. 6, arrows showing path of gas through 12 gas inlet and 13 gas outlet; Fig. 6, 2 partition plate divides interior of 1 housing into A blood inlet chamber comprising heat exchange and B gas exchange chamber; pg. 1-2 ln. 12-13 and 1; pg. 4-5 ln. 16-21 and 1-2; pg. 7 ln. 10-21; pg. 14 ln. 4-8), and the gas subjected to gas blood exchange is exhausted through the gas outlet (Mimura: Fig. 6, arrows showing path of gas through 12 gas inlet and 13 gas outlet; Fig. 6, 2 partition plate divides interior of 1 housing into A blood inlet chamber comprising heat exchange and B gas exchange chamber; pg. 1-2 ln. 12-13 and 1; pg. 4-5 ln. 16-21 and 1-2; pg. 7 ln. 10-21; pg. 14 ln. 4-8). Regarding claim 20, the combination of the prior art discloses the invention of claim 19, the combination further discloses: wherein an interior of the gas chamber is provided with a third isolation part and a fourth isolation part (Mimura: Ex. Fig. 1, B gas exchange chamber provided with third and fourth isolation parts), and the third isolation part and the fourth isolation part separate the gas chamber into a first gas chamber and a second gas chamber (Mimura: Ex. Fig. 1, third and fourth isolation parts separate B gas exchange chamber into first and second gas chambers); the first gas chamber is communicated with the gas inlet (Mimura: Ex. Fig. 1, first gas chamber directly communicated with 12 gas inlet), and the second gas chamber is communicated with the gas outlet (Mimura: Ex. Fig. 1, second gas chamber directly communicated with 13 gas outlet) the first gas chamber is communicated with the second gas chamber via a gas pipeline (Mimura: Ex. Fig. 1, first and second gas chamber communicated via 4 hollow fibers; pg. 1-2 ln. 12-13 and 1; pg. 4-5 ln. 16-21 and 1-2; pg. 7 ln. 10-21; pg. 14 ln. 4-8), and the gas pipeline extends through the oxygenation chamber (Mimura: Ex. Fig. 1, 4 hollow fibers extending through oxygenation chamber). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JP/H0829162 B2 to Kosenteino discloses an oxygenator comprising a heat medium chamber and a gas chamber separated by a partition plate. JP/4258908 B2 to Maeda discloses an oxygenator comprising an oxygen gas chamber and a nitric oxide gas chamber separated by a partition plate. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Linnae Raymond whose telephone number is (571)272-6894. The examiner can normally be reached M-F 8:00am to 4:00pm. 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, Nicholas Weiss can be reached at (571)270-1775. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Linnae E. Raymond/Examiner, Art Unit 3781 /NICHOLAS J. WEISS/Supervisory Patent Examiner, Art Unit 3781
Read full office action

Prosecution Timeline

Sep 21, 2023
Application Filed
Oct 31, 2025
Non-Final Rejection — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12582559
BI-DIRECTIONALLY POSITIONABLE TAMPON
2y 5m to grant Granted Mar 24, 2026
Patent 12569607
EMBOLIC PROTECTION IN CONNECTION WITH TRANSCAROTID CAROTID ARTERY REVASCULARIZATION
2y 5m to grant Granted Mar 10, 2026
Patent 12564511
LID FOR AN OSTOMY IMPLANT
2y 5m to grant Granted Mar 03, 2026
Patent 12544499
EXTRACORPOREAL BLOOD DISINFECTION SYSTEMS AND METHODS
2y 5m to grant Granted Feb 10, 2026
Patent 12533500
ADJUSTABLE INTERATRIAL SHUNTS AND ASSOCIATED SYSTEMS AND METHODS
2y 5m to grant Granted Jan 27, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
50%
Grant Probability
99%
With Interview (+64.4%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 101 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month