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
Claims 4, 7, and 17-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on April 6, 2026
Applicant's election with traverse of Set I species A in the reply filed on April 6, 2026 is acknowledged. In a phone call on April 14, 2026 Applicant further elected Species D from Set II. The traversal is on the ground(s) that the special technical feature is not known in the art. This is not found persuasive because the claims have been amended to include a feature not present at the time of the original restriction so the limitation was not able to be addressed in the original restriction requirement. As such the original requirement is proper. Additionally, as shown below in the rejection, the amended features are known an do not make a contribution over the prior art.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the sealing member must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: Pg. 9 line 27 “plunger 9” should be “plunger 11.”
Appropriate correction is required.
Claim Objections
Claim 3 is objected to because of the following informalities: the direction of its extension lacks antecedent basis Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 5, 6, and 11-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fields (US 3,311,268).
With regard to claims 1, 5, and 11, Fields teaches a drip chamber for a fluid administration system, comprising: a reservoir (Fig. 3 member 20) comprising an inlet orifice at a top end region for inserting a fluid (Fig. 3 member 19), and an outlet orifice at a bottom end region (Fig. 3 member 23a in a bottom sidewall of the reservoir), wherein the bottom end region is located in gravitational direction opposite and below the top end region, and a plunger element moveably arranged (Fig. 3 members 29 and 24 move vertically) within the reservoir between a first position in the top end region and a second position in the bottom end region, wherein the plunger element comprises a fluid conducting channel for regulating the flow of fluid from the inside of the reservoir to the outlet orifice when the plunger element is located in the second position (Fig. 3 channel through 24 connected to 27), wherein depending on a position of the plunger element within the reservoir, a passage to the outlet orifice is closed, partially closed, or fully opened (Fig. 3 due to the tapered/rounded tip at 29 the orifice may be partially closed during insertion of 29 into portion 18).
With regard to claim 2, alternatively the reservoir is considered to include both portions 20 and 30, the outlet orifice is considered as 30a, the channel in 24 extends from 27 to a port opening to 30a (Fig. 3).
With regard to claim 6, alternatively the reservoir is considered to include both portions 20 and 30, the outlet orifice is considered as 30a which forms a nozzle connecting the remainder of tube 30 (Fig. 3).
With regard to claims 12, 13, and 15, Fields teaches a method to operate a drip chamber for a fluid administration system, the method comprising: connecting a fluid container (Fig. 1 member 9) comprising a fluid to an inlet orifice (Fig. 3 member 19) at a top end region of a reservoir (Fig. 3 member 20) to allow a fluid stream inside the reservoir, wherein the reservoir further comprises an outlet orifice at a bottom end region (Fig. 3 member 23a), wherein the bottom end region is located in gravitational direction opposite and below the top end region, moving a plunger element within the reservoir from a first position in the top end region to a second position in the bottom end region of the reservoir (see Figs. 2 and 3, vertical movement), wherein the plunger element comprises a fluid conducting channel for regulating the flow of fluid from the inside of the reservoir to the outlet orifice when the plunger element is located in the second position (Fig. 3 channel through 24 connected to 27), wherein depending on a position of the plunger element within the reservoir, a passage to the outlet orifice is closed, partially closed, or fully opened (Fig. 3 due to the tapered/rounded tip at 29 the orifice may be partially closed during insertion of 29 into portion 18).
With regard to claim 14, see Fig. 13, inlet port at 27 outlet port in 30a. 24 extends through the material of the plunger to open the passage.
Claim(s) 1, 2, 5, 6, 8, 9, 11, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (US 2006/0249541 A1).
With regard to claims 1, 2, 5, and 11, Wang teaches a drip chamber for a fluid administration system, comprising: a reservoir (Fig. 1 member 31) comprising an inlet orifice at a top end region for inserting a fluid (Fig. 1 member 34), and an outlet orifice at a bottom end region (Fig. 1 within 35 which is a bottom sidewall), wherein the bottom end region is located in gravitational direction opposite and below the top end region, and a plunger element moveably arranged (Fig. 31 37 moves vertically) within the reservoir between a first position in the top end region and a second position in the bottom end region, wherein the plunger element comprises a fluid conducting channel for regulating the flow of fluid from the inside of the reservoir to the outlet orifice when the plunger element is located in the second position (see transition Figs. 1 to Fig. 2, channels 38, inlet end outlet ports at either end which open to the outlet orifice), wherein depending on a position of the plunger element within the reservoir, a passage to the outlet orifice is closed, partially closed, or fully opened (Fig. 2 as 39 moves away from 37 there would be a positions where the passage is partially closed).
With regard to claim 6, nozzle 21 connects to tubing 20 (Fig. 2).
With regard to claim 8, it is not numbered but the plunger is shown to have ribs on the side, as evident by the notch in the side, which comprises a sealing member (Fig. 2).
With regard to claims 9 and 20, the driving member includes 35 and 43 which form a handle, 35 extends into the bottom half of the reservoir which extends it into the bottom end region (Fig. 2).
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) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fields (US 3,311,268) as applied to claim 1 above, and further in view of Rondeau (US 2011/0125103 A1).
With regard to claim 10, Fields does not disclose a filter. However, Rondeau teaches placing a filter within a plunger element in a drip chamber for controlling flow ([0053]). 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 filter in Fields as Rondeau teaches it is beneficial to provide filtering.
Claim(s) 3, 10, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2006/0249541 A1) as applied to claim 1 above, and further in view of Rondeau (US 2011/0125103 A1).
With regard to claim 10, Wang does not disclose a filter. However, Rondeau teaches placing a filter within a plunger element in a drip chamber for controlling flow ([0053]). 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 filter in Wang as Rondeau teaches it is beneficial to provide filtering.
With regard to claims 3 and 16, the outlet port of 38 extends at least partly around a circumferential surface of 38 as it is adjacent the circumference. The outlet orifice is circular, regarding claim 16 the increasing width is optionally recited. Wang does not disclose the outlet port to have an increasing width, the full cross-section of the opening is not shown. However, Rondeau teaches passages for flow through a plunger element which have an increasing width in a radially outward direction (Fig. 4 passages 45). 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 passages in Wang as shaped in Rondeau as this would yield the same result of passing fluid. Further, Rondeau teaches varying shapes and dimensions to control flow ([0045]). As such one of ordinary skill would be able to determine the shape needed for desired flow it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
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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