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 because the photographs in Figures 4 & 7-9 are unclear so that all details in the photograph can be reproducible in the printed patent and is not permissible (see PEP 608.02 V. Drawing Standards & VII, Black and White Photographs and Line Drawings. 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.
The drawings are objected to under 37 CFR 1.83(b) because they are incomplete. The reference parts, i.e. “contact surface; sealing part; protrusion; ring; membrane; rigid body; disposable set” in lines 26-31 of Page 1, are not shown in Figure 6b. 37 CFR 1.83(b) reads as follows:
When the invention consists of an improvement on an old machine the drawing must when possible exhibit, in one or more views, the improved portion itself, disconnected from the old structure, and also in another view, so much only of the old structure as will suffice to show the connection of the invention therewith.
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
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Pressure Sensor Device For A Pressure Measuring Device Including A Film For Covering Portion Of Rigid Body And Medical Fluid Chamber
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 1-17 are rejected as failing to define the invention in the manner required by 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
In regards to claim 1, the capitalization of the letter “A” depicts more than one sentence within a claim. Are there additional claims, or is claim 1 one complete sentence?
The claim(s) are narrative in form and replete with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. The claim(s) must be in one sentence form only. Note the format of the claims in the patent(s) cited.
The remaining claims are rejected due to their dependency.
Allowable Subject Matter
Claims 18-34 are allowed.
Claims 1-17 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter: As best understood in the Examiner’s opinion in regards to claim 1, Magnenat et al (US 9227008 B2) teaches a pressure sensing device comprising a fluid container (1) includes a rigid body (3) defining a volume for a medical fluid (4), the pressure of which is to be measured, the membrane (5) which is used as a flexible tight barrier between the medical fluid (4) and the pressure transducer (2), and a rigid cover plate (6) to maintain the membrane (5) outside of the measurement area. A planar measuring surface (10) of the medical device is equipped with the pressure transducer (2). A housing of the pressure transducer (2) rests on O-rings (7). The O-rings (7) are elastic elements that allow the pressure transducer (2) to be moved and thus imply that the positioning of the pressure transducer (2) may be adapted relative to the fluid container (1) positioning firstly in a plane of the planar measuring surface (10) and secondly in an angle of inclination defined with respect to the planar measuring surface (10). The vertical sealing protrusion (8) may be pressed during instrument coupling against a surface of a rigid part (14) of the membrane (5). The instrument coupling creates a fluid tight air chamber (9) between the planar measuring surface (10) of the pressure transducer (2) and the membrane (5) (Column 4, line 42 – Column 5, line 18; Figure 1).
However, Magnenat et al does not teach the structural limitations of the pressure sensor device further comprising the pressure transducer including a rigid ring configured to be in contact with the sealing part of the membrane in order to create a sealed cavity between the membrane and the pressure transducer in use and wherein the rigid ring comprises a protrusion configured so that the seal is maintained even in the presence of foreign matter on the ring where the stated limitations are not suggested in addition to not being anticipated or taught in combination with the remaining limitations of independent claim 1 upon overcoming the rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph. The remaining claims are allowed due to their dependency.
In the Examiner’s opinion in regards to claim 18, Evering et al (US 8104352 B2) teaches a fluid pressure measuring unit for medical device (1) comprising a disposable set having a rigid body, a membrane (9), and a medical fluid chamber (2) defined by rigid walls of the rigid body and at least a part of the membrane (9), wherein the membrane (9) comprises a movable part (5, i.e. elastic wall) configured to cover at least partially the medical fluid chamber (2), and a sealing part (6, i.e. sealing rib) connected to the movable part (5) (Column 2, lines 31-63; Figure 1).
However, Evering et al does not teach the structural limitations of the fluid pressure measuring unit for medical device further comprising the pressure transducer having a measuring surface and a rigid ring extending away from the measuring surface wherein the sealing part and the rigid ring being configured to be mechanically contacting each other and the movable part and the measuring surface being configured to be separated by a fluid tight chamber in use wherein the fluid pressure measuring unit further comprises a sealing protrusion configured to insure a fluid tight sealing of the fluid tight chamber even in the presence of foreign matter on the rigid ring where the stated limitations are not suggested in addition to not being anticipated or taught in combination with the remaining limitations of independent claim 18. The remaining claims are allowed due to their dependency.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Plahey et al (US 20200191682 A1) - This disclosure relates to medical fluid cassette leak detection methods and device.
Kuhn et al (US 7021148 B2) - The present invention relates generally to medical treatments. More specifically, the present invention relates to pressure sensing devices for medical fluids.
Mittelstein et al (US 6820490 B2) - The present invention relates to devices and methods for sensing pressure, and more particularly to vacuum-coupled and gas-volume-coupled pressure sensing systems and their methods of use.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERMAINE L JENKINS whose telephone number is (571)272-2179. The examiner can normally be reached M-F 7-3 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Macchiarolo can be reached at 571-272-2375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.L.J/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855