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 § 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 2, 3, 7, 10, 11, 13, 14, and 16 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.
Regarding claims 2, 3, 13, and 14, the phrase "preferably made of a rigid material" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 14, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c).
The following claims recite broad and narrow limitations:
Claim 7 recites the broad recitation “a fluid source,” and the claim also recites “in particular a fluid source for a physiological liquid,” which is the narrower statement of the range/limitation.
Claim 10 recites the broad recitation “the pump is arranged at the first sub-section,” and the claim also recites “in particular at a branch line,” which is the narrower statement of the range/limitation.
Claim 11 recites the broad recitation “an extracorporeal blood treatment device,” and the claim also recites “in particular a dialysis device,” which is the narrower statement of the range/limitation.
Claim 14 recites the broad recitation “an internal volume of from 300 to 500 cubic millimeters,” and the claim also recites “preferably from 400 to 600 cubic millimeters, in particular from 500 to 600 cubic millimeters,” which is the narrower statement of the range/limitation.
Claim 14 recites the broad recitation “wherein the dimension of the adapter along its longitudinal axis preferably ranges between 1.5 cm and 3.5 cm”, and the claim also recites “preferably between 2 and 3 cm,” which is the narrower statement of the range/limitation.
Claim 16 recites the broad recitation “a medical device” and the claim also recites “in particular a medical device according to claim 9,” which is the narrower statement of the range/limitation.
The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
With specific regard to Claim 16, the claim has been interpreted as requiring the medical device of Claim 9 for examination purposes.
Claim 16 depends from claim 9, and recites a detachable fluid-carrying first line, a second line, a displaceable member, a first sub-section, a second sub-section, and pump. However, these elements have already been introduced in Claim 1, from which claim 9 depends.
Allowable Subject Matter
Claims 1, 4-6, 8, 9, 12, and 15 are allowed.
Claims 2, 3, 7, 10, 11, 13, 14, and 16 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The instant claims are drawn to a medical device configured to receive a detachable fluid-carrying first line section, comprising: a second line section configured for connecting to the first line section, wherein a displaceable member is arranged in the second line section, by means of which the second line section is sub-divided into a first sub-section and a second sub-section, at least a first and a second shut-off element for enclosing a fluid volume in the first line section and the second line section, a pump for generating a negative pressure in a first of the two sub-sections of the second line section, thereby effecting an elastic deformation in and/or at the second of the two sub-sections while moving the displaceable member, and a controller for actuating the pump, wherein the controller is programmed to operate the pump in a disconnection mode to generate the negative pressure.
Claim 16 is drawn to a method of using the claimed deice, comprising the steps of enclosing a fluid volume in the first line section and the second line section by means of at least a first and a second shut-off element, generating a negative pressure in a first of the two sub-sections of the second line section by means of a pump, thereby effecting an elastic deformation in and/or at the second of the two sub-sections while moving the displaceable member, and actuating the pump, wherein the controller is programmed to operate the pump in a disconnection mode to generate the negative pressure.
The closest prior art is Nikkiso (JP 5356853; cited by Applicant in an IDS), which teaches a medical device designed to receive a detachable fluid-conducting first line portion 14, comprising a second line portion (L3a) designed to be connected to the first line portion (Figure 19), first and second shut-off elements (V5, V7) for enclosing a fluid volume in the first line portion and second line portion, a pump 21 for generating a vacuum in the second line portion, and a controller for controlling the pump, wherein the controller is programmed to operate the pump to generate the vacuum in a disconnection mode (paragraphs [0028] and [0079]).
Nikkiso, however, not teach or suggest the claimed movable element in the second line portion and that, when a vacuum is generated, elastic deformation takes place in/on the second of the two sub-portions with movement of the movable element. It is unclear why one of ordinary skill in the art would have been modified to modify Nikkiso’s system to have this configuration.
Mishima (US 2015/0129498), teaches a similar hemodialysis system. However, like Nikkiso, Mishima does not teach or suggest the claimed movable element in the second line portion and that, when a vacuum is generated, elastic deformation takes place in/on the second of the two sub-portions with movement of the movable element.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Philip R Wiest whose telephone number is (571)272-3235. The examiner can normally be reached M-F 9-6 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Weiss can be reached at (571) 270-1775. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP R WIEST/Primary Examiner, Art Unit 3781
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