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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 8, 2026 has been entered.
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 Grigorov 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 Grigorov 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 April 8, 2026 have been fully considered but they are not persuasive. Applicant argues the hydrophobic filter is not a gas permeable membrane. It is not clear why, as the filter is permeable to gas. Applicant argues the claimed membrane is not required to be hydrophobic, there is nothing in the claim language which prevents it from being hydrophobic. Applicant agues the membrane of the invention works without a conduit or valve, it is not clear how this is reflected in the claim. Applicant argues placing the filter as combined would prevent chamber 8 from working. The chamber can still be pressurized when required because of the valve which controls venting.
Conclusion
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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