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 .
Election/Restrictions
Applicant's election with traverse of Group I, Claims 21-33 in the reply filed on 1/22/26 is acknowledged. The traversal is on the ground(s) that there is no undue burden on the part of the examiner. This is not found persuasive firstly because there are no Remarks as to why this is the case, and secondly because, as pointed out in the Restriction requirement, the different inventions would require a different search, including different classes/subclasses and/or search strings. For example, the search for invention I would require a search for a housing configured to receive a feeding set that is not required in the search for invention Il or III. A search for invention III would require searching for a memory that is not required in the search for invention I or II.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claims 21-33 are objected to because of the following informalities:
As to claim 21, “the plurality of pairs of sensor component” in lines 13-14 should be amended to read “the plurality of pairs of sensor components” for grammar.
Dependent claims inherit the deficiencies of the claims from which they depend.
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.
Claims 21-33 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.
As to claim 21, the wording of “each pair of sensor components comprises a plurality of sensor components” in lines 6-7 is unclear as “a pair” is not necessarily equal to “a plurality”. If the applicant intends to further define each pair, the examiner suggests using wording other than “sensor components” to describe a sub-structure of each pair of sensor components.
Claim 21 recites the limitation "the second pair of the plurality of pairs of sensor components" in lines 12-14 (two instances). There is insufficient antecedent basis for this limitation in the claim.
Claim 22 recites the limitation “the second pair of sensor components of the plurality of sensor components” in lines 4-5 and again in lines 7-8. There is insufficient antecedent basis for this limitation in the claim.
Claim 25 recites the limitation "the pump" in line 1. There is insufficient antecedent basis for this limitation in the claim.
As to claim 26, the limitation of “one or more switches operatively connected to the ultrasonic sensor for switching between the first direction and the second direction” is unclear as the claim does not make clear what structural and/or functional change occurs as a result of the direction switching.
Claim 28 recites “the first and second pairs of sensor components”, however, no proper antecedent basis was given for the second pair of sensor components.
Claim 29 recites “the first and second pairs of sensor components”, however, no proper antecedent basis was given for the second pair of sensor components.
Claim 29 recites “wherein each pair of sensor components other than the first and second pairs of sensor components comprises a plurality of sensor components”, which is unclear because “a pair” is not necessarily equal to “a plurality”. If the applicant intends to further define each pair, the examiner suggests using wording other than “sensor components” to describe a sub-structure of each pair of sensor components.
Claim 29 recites “the respective pair of sensor components” in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 32 recites the limitation "the second pair of the plurality of pairs of sensor components" in line 4 and “the first and the second pairs of the sensor components” in line 5. However, no proper antecedent basis was given for the second pair of the plurality of sensor components.
Dependent claims inherit the deficiencies of the claims from which they depend.
Allowable Subject Matter
No claims are currently allowed.
With regard to claim 21, the closest prior art of record is Gaines et al. (US 2015/0093307 A1).
Gaines discloses:
A flow control apparatus (1; see Figs. 1-4) comprising:
a housing (3) configured to receive a feeding set (5);
a pumping device (motor 28 & rotor 29) configured to produce a fluid flow in the feeding set (para 0037-0038);
an ultrasonic sensor (32) configured to produce a sensor signal indicative of a condition of the feeding set based on a first ultrasonic signal or a second ultrasonic signal (para 0041; “a first ultrasonic signal” or a “second ultrasonic signal” in this instance interpreted as normal ultrasonic readings during operation of the apparatus), wherein the ultrasonic sensor comprises a pair of sensor components (“it is also contemplated that a second, upstream ultrasonic sensor may be used” – para 0041); and
a control circuit in communication with the ultrasonic sensor configured to receive the sensor signal from the ultrasonic sensor indicative of the condition of the feeding set (see para 0037, 0041, 0044, Fig. 4).
However, Gaines et al. is silent to a plurality of pairs of sensor components, and wherein each pair of sensor components comprises a plurality of sensor components, the ultrasonic sensor being further configured to emit the first ultrasonic signal though a portion of the feeding set in a first direction from an emitter component of a first pair of the plurality of pairs of sensor components to a detector component of the first pair of the plurality of pairs of sensor components, and to emit the second ultrasonic signal through the portion of the feeding set in a second direction opposite the first direction from an emitter component of the second pair of the plurality of pairs of sensor components to a detector component of the second pair of the plurality of pairs of sensor component, wherein the sensor signal is produced based on a stronger signal of the first ultrasonic signal and the second ultrasonic signal.
Urdaneta et al. (US 2005/0288873 A1) discloses a pair of sensor components (134, 136; see Fig. 2), wherein the pair comprises a plurality of sensor components (“each ultrasonic transducer 134, 136 may comprise a piezoelectric transducer (vibrator) that includes a piezoelectric ceramic element (for example, lead zirconate-titanate) and a pair of electrodes for applying an electric voltage to the piezoelectric ceramic element” – para 0038).
Birtcher et al. (US 10,151,618 B2) discloses a plurality of pairs of sensor components (see Fig. 5 and paragraph beginning line 59 col. 13).
However, Urdaneta et al., and/or Birtcher et al. do not appear to teach/make obvious a manner of modifying Gaines et al. to satisfy all the limitations of instant claim 21 in combination.
The examiner notes however, that any amendments to address the rejections under 35 USC § 112 may impact the prior art considerations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James D Ponton whose telephone number is (571)272-1001. The examiner can normally be reached M-F 9am-5pm.
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/James D Ponton/Primary Examiner, Art Unit 3783