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 .
Specification
The amendments to Paragraph [0001] of the Specification and the replacement Abstract filed 7/1/2026 are acceptable and overcome the objections set forth in the last Office Action.
Claim Objections
Claim 24 is objected to because of the following informalities: The phrase “the pumping apparatus” on lines 1-2 should be amended to recite “the enteral feeding pumping apparatus” to match the language of the amended preamble. Appropriate correction is required.
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.
Claims 21-34 and 37-40 are rejected under 35 U.S.C. 103 as being unpatentable over Harr (PG PUB 2015/0088058) in view of Tieck et al. (PG PUB 2016/0015957).
The Examiner notes that all pending claims are directed only to an “enteral feeding pumping apparatus” and do not require “a cassette”, “an identification member” or any other elements that are claimed as being a part of the “cassette” since the “cassette” is only functionally recited. This note is deemed necessary since nearly every claim recites features of the functionally recited “cassette”.
Re claim 21, Harr discloses an enteral feeding pumping apparatus 1 (Fig 3; it is noted that all reference characters cited below refer to Fig 3 unless otherwise noted) comprising: a housing 3, a cassette recess 7 in the housing (as seen in Fig 3), the cassette recess configured to receive a cassette having at least one mounting formation comprising a plurality of pockets with each pocket configured to receive one identification member in any one of a plurality of predetermined orientations (it is noted that the italicized text constitutes functional language and, therefore, a cassette and any identification members therein are not a part of the claimed invention; in order to read on the functional language, Harr only has to be structurally capable of receiving such a cassette; this limitation is met in view of Fig 1 and Para 35), a plurality of sensors 17 (Fig 4; Para 41 sets forth that “it will be understood that the number of reader devices 17 may be the same as the number of identification components 15 [of the cassette]” and “any number of identification components in envisioned”; therefore, Para 41 supports “a plurality” of sensors 17) residing in the housing (Para 41 sets forth that “the reader 17 may be disposed on, in or near the mount 45”), each sensor configured to determine whether an identification member is present in a corresponding when the cassette is engage with the cassette recess, wherein the presence of the identification member in the corresponding pocket of the plurality of pockets determines a functional configuration of the pumping apparatus from a plurality of functional configurations (it is noted that the italicized text constitutes functional language and, therefore, identification members are not a part of the claimed invention; in order to read on the functional language, Harr only has to be structurally and operationally capable of determining the presence of identification members such that the presence determines a functional configuration of the pumping apparatus; this limitation is met in view of Para 42 which sets forth that “reader devices 17A,17B may be capable of identifying identification data represented by the number and position of the identification components 15A,15B” and Fig and Para 48 that sets forth that “the memory 51 [of the pumping apparatus] can store a set of instructions 53 for determining a flow rate for the pump 1 based on the at least one characteristic of the nutritional liquid represented by identification components 15 and retrieved by the microprocessor 49”).
Although Harr discloses that the sensors can determine the number and position of the identification members and that these aspects determine a functional configuration of the pumping apparatus, Harr does not explicitly disclose that the sensors can determine the orientation of the identification members and that the orientation also factors into the functional configuration of the pumping apparatus.
Tieck, however, discloses a pumping apparatus 30 (Fig 1) comprising: a housing 33 (Fig 1), a cassette recess 32 (Fig 1), and a plurality of sensors 34 (Fig 1; although Fig 1 only shows one sensor, Fig 4A discloses three sensors 34 and Para 69 discloses four sensors 34), with each sensor configured to determine whether an identification member is present in a corresponding pocket of a plurality of pockets of a cassette and the orientation of the identification member in the corresponding pocket when the cassette is engage with the cassette recess, wherein the presence and orientation of the identification member in the corresponding pocket of the plurality of pockets determines a functional configuration of the pumping apparatus from a plurality of functional configurations (it is noted that the italicized text constitutes functional language and, therefore, identification members are not a part of the claimed invention; in order to read on the functional language, Tieck only has to be structurally and operationally capable of determining the presence and orientation of identification members; this limitation is met since Para 70,442 (for example) disclose that the sensors 34 can detect presence and orientation of magnetic members and Para 63,481,501 (for example) discloses that this information is used to control operation of the pump). Tieck teaches that detecting the orientation in combination with detecting the presence allows for more functional configurations to be relayed than just with presence alone (Para 442). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Harr to include the sensors so that they are also configured to determine orientation of the identification members and use the orientation to determine the functional configuration, as taught by Tieck, for the purpose of allowing for more functional configurations to be relayed than just with presence alone (Para 442).
Re claim 22, Harr discloses that each sensor is a Hall-effect sensor (Para 41); it is noted Tieck also teaches this (Para 431).
Re claim 23, Harr discloses that each sensor is positioned near a corresponding pocket of the plurality of pockets to determine the presence of the identification member in the corresponding pocket when the cassette is engaged with the pumping apparatus (Para 41), but – as set forth in the rejection of claim 21 above – Harr does not disclose that the sensors determine orientation along with the presence; Tieck, however, teaches that each sensor is positioned near a corresponding pocket of the plurality of pockets to determine the presence and the orientation of the identification member in the corresponding pocket of the cassette when the cassette is engaged with the pumping apparatus (as seen in Fig 4A). The motivation set forth in the rejection of claim 21 above also applies to this claim.
Re claim 24, Harr discloses that the enteral feeding pumping apparatus further comprises a processor 49 (Fig 4) in communication with each sensor, the processor configured to identify the functional configuration of the pumping apparatus based on the presence of the identification member in each pocket of the plurality of pockets of the cassette (Para 45), but – as set forth in the rejection of claim 21 above – Harr does not disclose that the sensors determine (and the processor uses) orientation along with the presence; Tieck, however, teaches that the pumping apparatus further comprises a processor 60 (Fig 5) in communication with each sensor (as seen in Fig 5, Para 419), the processor configured to identify the functional configuration of the pumping apparatus based on the presence and orientation of the identification member in each pocket of the plurality pockets of the cassette (Para 63, “these characteristics can be fed to the pump to determine operation”; Para 481, “such information can be employed by the electronics […] to control or set initial or ongoing operations”). The motivation set forth in the rejection of claim 21 above also applies to this claim.
Re claim 25, Harr discloses that the functional configuration of the pumping apparatus is one of feed, feed/flush, feed wifi, feed/flush wifi, neonatal feed, neonatal feed/flush, neonatal feed wifi, and neonatal feed/flush wifi (Para 48 discloses that the detection is used to determine flow rate with is a pumping configuration of “feed”)
Re claim 26, Harr discloses that there are a plurality of sensors (Fig 4; Para 41 sets forth that “it will be understood that the number of reader devices 17 may be the same as the number of identification components 15 [of the cassette]” and “any number of identification components in envisioned”; therefore, Para 41 supports “a plurality” of sensors 17), but does not explicitly disclose that there are four sensors. Tieck, however, teaches providing four sensors (Para 69) for the purpose of allowing for more functional configurations to be relayed (Para 442). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Harr to include the sensors so that they comprise four in number, as taught by Tieck, for the purpose of allowing for more functional configurations to be relayed (Para 442).
Re claim 27, Harr as modified by Tieck in the rejection of claim 21 above (to include the sensors so that they are capable of determining orientation and the use of the orientation to determine the functional configuration) discloses that the processor is configured to determine the functional configuration of the pumping apparatus from eight functional configurations when the plurality of sensors determines the presence and orientation of a single identification member in the cassette (the claim only requires the processor to determine one functional configuration (“the functional configuration”) and this is met in view of Para 46 that sets forth that “any number of identification components and reader devices may be used to identify any number of characteristics of a nutritional liquid associated with eh feeding set 5” and Para 48; it is noted that the claim does not require the processor to include a list of eight functional configurations to choose from – rather, the claim only has to determine one configuration from a hypothetical eight configurations).
Re claim 28, Harr as modified by Tieck in the rejection of claim 21 above (to include the sensors so that they are capable of determining orientation and the use of the orientation to determine the functional configuration) discloses that the processor is configured to determine the functional configuration of the pumping apparatus from thirty-two functional configurations when the plurality of sensors determines the presence and orientation of two identification members in the cassette (the claim only requires the processor to determine one functional configuration (“the functional configuration”) and this is met in view of Para 46 that sets forth that “any number of identification components and reader devices may be used to identify any number of characteristics of a nutritional liquid associated with eh feeding set 5” and Para 48; it is noted that the claim does not require the processor to include a list of thirty-two functional configurations to choose from – rather, the claim only has to determine one configuration from a hypothetical thirty-two configurations).
Re claim 29, as set forth in the rejection of claim 21 above, Harr does not disclose determining the orientation of the identification members. Tieck, however, teaches that each sensor is configured to determine the orientation of the identification member in the pocket of the plurality of pockets with the orientation being one of a north pole or south pole when the identification member is facing in a first direction or the orientation being one of the north pole or south when the identification member is facing a second direction, opposite the first direction, when the identification member is an axially magnetized magnet (Para 441). The motivation set forth in claim 21 above also applies to this claim.
Re claim 30, as set forth in the rejection of claim 21 above, Harr does not disclose determining the orientation of the identification members. Tieck, however, teaches that each sensor is configured to determine the orientation of the identification member in the pocket of the plurality of pockets with the orientation being an angular position of the identification member when the identification member is a diametrically magnetized magnet (Para 441). The motivation set forth in claim 21 above also applies to this claim.
Re claim 31, Harr discloses that the housing further comprises one or more slots (labeled in Fig A below) with each slot configured to receive a pin or raised projection on the cassette (as seen in Fig 3 and Fig A below, the slot is structurally capable of receiving a pin/raised projection of a cassette that is shaped to include one).
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Re claim 32, Harr discloses that the one or more slots are positioned at about the bottom of the housing (as seen in Fig 3, wherein the “bottom” is directed downward in Fig 3).
Re claim 33, Harr discloses that the housing further comprises a recess (labeled in Fig A above) configured to receive a tab on the cassette (as seen in Fig 3 and Fig A above, this recess is structurally capable of receiving a tab of a cassette that is shaped to include one).
Re claim 34, Harr discloses that the recess is positioned at about the top of the housing (as seen in Fig 3, wherein the “top” is directed upward in Fig 3).
Re claim 37, Harr discloses that the cassette recess is located on front of the housing (as seen in Fig 3, wherein the “front” faces out of the page).
Re claim 38, Harr discloses a display screen 21 configured to display information about status and operation of the pumping apparatus (Para 39).
Re claim 39, Harr discloses that the display screen is positioned on front of the pumping apparatus (as seen in Fig 3, wherein the “front” faces out of the page).
Re claim 40, Harr discloses a pumping unit 27 (Fig 4; Para 40).
Claims 35 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Harr (PG PUB 2015/0088058)/Tieck et al. (PG PUB 2016/0015957) in view of Breitweiser et al. (PG PUB 2014/0135731).
Re claims 35 and 36, Harr as modified by Tieck discloses all the claimed features except that the housing further comprises a hook configured to receive a flange on the cassette (as required by claim 35), wherein the hook in positioned within the cassette recess of the pumping apparatus (as required by claim 36). Breitweiser, however, teaches an enteral feeding pumping apparatus 1 (Fig 3) having a housing 3 (Fig 3) that is substantially similar in structure to that of Harr, wherein the housing includes a cassette recess 6 (Fig 3; like recess 7 of Harr) having a hook 127 (Fig 3; note that this structure is also seen in Harr but not described) positioned therein (as seen in Fig 3), the hook configured to receive a flange on the cassette (Para 45); Breitweiser sets forth that the hook provides a means for attaching and detaching a cassette to the housing (Para 45). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Harr/Tieck to include a hook, as taught by Breitweiser, for the purpose of providing a means for attaching and detaching a cassette to the housing (Para 45).
Response to Arguments
Applicant’s arguments filed 7/1/2026 have been considered but are moot in view of the present rejection that utilizes the newly-applied Harr reference as the primary reference; although the previously-applied Tieck reference is being used as secondary reference, the current rejections do not rely on Tieck for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. PG PUB 2007/0208306 to Harr et al. and PG PUB 2015/0342835 to Gaines et al. each discloses an enteral feeding pumping apparatus that includes a plurality of sensors to detect information about a cassette inserted therein.
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.
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/KAMI A BOSWORTH/Primary Examiner, Art Unit 3783
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