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 § 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) 34 and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grigorov (US 2011/0218516 A1) in view of Carlisle et al. (US 2014/0350511 A1) and Flaherty (US 2002/0169439 A1).
With regard to claim 34, Grigorov teaches a pump comprising: a disposable component (Fig. 3 exemplary member 20) comprising: a disposable component inlet port (Fig. 12 port of 32 connected to 33) coupled to a first disposable conduit (Fig. 12 member 33) in fluid communication with a fluid medium source (Fig. 12 member 32), wherein the first disposable conduit comprises a disposable piston pump assembly (Fig. 12 components including at least 78 and 76), and the first disposable conduit is in fluid communication with a disposable component outlet port (Fig. 3 port of 12 connected to 40), wherein the disposable piston pump assembly is operable to pump the fluid medium from the disposable component inlet port, through the first disposable conduit, to the disposable component outlet port (Figs. 12 and 13, [0291]-[0293]); and a reusable component (Fig. 3 exemplary member 21) comprising: a reusable movable stage operable to compress the disposable piston pump assembly (Fig. 12 shows member 78 also listed as 15a, the actuator is not shown in this Fig., members 15a connect to a stage 128/15b as shown in Fig. 23); and a reusable mechanical actuator operable to drive the movable stage (Fig. 23 actuator includes 123, 120, 122). Grigorov does not disclose first and second one-way valves or a bubble eliminator. However, Carlisle et al. teach one-way valves on either side assembly to prevent over infusion to a patient (Fig. 1 135 and 145, [0052], [0088], [0089]) and placing a gas permeable porous membrane in a fluid chamber between the valves to remove air bubbles (Figs. 4A and 4B, [0066], [0068]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use first and second one-way valves and a bubble eliminator in Grigov et al. as Carlisle et al. teach this is beneficial for preventing overflow and bubbles. As combined the valves would be placed on either side of 8 and the membrane in 8a. Grigorov does not disclose a reusable bubble detector. However, Flaherty discloses a reusable bubble detector to verify adequate flow ([0068], [0121]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use a reusable bubble detector in Grigorov as in Flaherty as this is beneficial for verifying adequate flow and detecting bubbles.
With regard to claim 35, Grigorov teaches a kit comprising: a disposable component (Fig. 3 exemplary member 20) comprising: a disposable component inlet port (Fig. 12 port of 32 connected to 33) coupled to a first disposable conduit (Fig. 12 member 33) in fluid communication with a fluid medium source (Fig. 12 member 32), wherein the first disposable conduit comprises a disposable piston pump assembly (Fig. 12 components including at least 78 and 76), and the first disposable conduit is in fluid communication with a disposable component outlet port (Fig. 3 port of 12 connected to 40), wherein the disposable piston pump assembly is operable to pump the fluid medium from the disposable component inlet port, through the first disposable conduit, to the disposable component outlet port (Figs. 12 and 13, [0291]-[0293]); and a reusable component (Fig. 3 exemplary member 21) comprising: a reusable movable stage operable to compress the disposable piston pump assembly (Fig. 12 shows member 78 also listed as 15a, the actuator is not shown in this Fig., members 15a connect to a stage 128/15b as shown in Fig. 23); and a reusable mechanical actuator operable to drive the movable stage (Fig. 23 actuator includes 123, 120, 122). Grigorov does not disclose first and second one-way valves or a bubble eliminator. However, Carlisle et al. teach one-way valves on either side assembly to prevent over infusion to a patient (Fig. 1 135 and 145, [0052], [0088], [0089]) and placing a gas permeable porous membrane in a fluid chamber between the valves to remove air bubbles (Figs. 4A and 4B, [0066], [0068]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use first and second one-way valves and a bubble eliminator in Grigov et al. as Carlisle et al. teach this is beneficial for preventing overflow and bubbles. As combined the valves would be placed on either side of 8 and the membrane in 8a. Grigorov does not disclose a reusable bubble detector. However, Flaherty discloses a reusable bubble detector to verify adequate flow ([0068], [0121]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use a reusable bubble detector in Grigorov as in Flaherty as this is beneficial for verifying adequate flow and detecting bubbles.
Response to Arguments
Applicant's arguments filed November 25, 2025 have been fully considered but they are not persuasive. Applicant argued that as combined with Carlisle one of the valves would be placed in the Grigorov reservoir. It is not clear why Applicant contends this. Looking at Fig. 12, as combined, valves are placed on outside of and on either side of 8, generally where connections to 5 and 33 are shown, this does not place a valve within the reservoir itself. The amendments are sufficient to overcome the previous claim objection.
Conclusion
THIS ACTION IS MADE FINAL. 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 EMILY L SCHMIDT whose telephone number is (571)270-3648. The examiner can normally be reached Monday through Thursday 7:00 AM to 4:30 PM.
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/EMILY L SCHMIDT/Primary Examiner, Art Unit 3783
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