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 .
Response to Amendment
The amendment filed 02/19/2026 has been entered. Claim 1 has been amended. Claims 1-5 remain pending in this application.
Response to Arguments
Applicant's arguments filed 02/19/2026 have been fully considered but they are not persuasive.
Applicant argues that Turner does not explicitly disclose a de-foaming system or a device providing de-foaming agents that can set and control a pressure inside the reservoir. A new grounds of rejection is made citing the negative pressure adjusting device of Yoon.
Applicant argues that Yoon does not disclose a blood storage tank connected to a blood removal line that removes venous blood. Yoon is cited to teach a negative pressure adjusting device. While the device of Yoon sucks blood from a surgical site, Turner is relied upon to disclose the blood removal line that removes venous blood. Accordingly, Turner in view of Yoon disclose a blood removal line that removes venous blood and the negative pressure inside the blood storage tank sucks the venous blood into the blood storage tank. Accordingly, Turner in view of Yoon make obvious claim 1.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turner (Pub. No.: US 2023/0079577 A1) in view of Yoon (Pub. No.: US 2018/0272049 A1).
Regarding claim 1, Turner discloses (fig. 3) a blood circulation circuit (perfusion system 3) comprising:
A blood removal line (venous line 12) that removes venous blood (¶ 0077);
A blood storage tank (reservoir 10) that is connected to the blood removal line (see reservoir inlet 14) and stores blood that has flowed through the blood removal line (¶ 0010);
A negative pressure adjusting device that adjusts a negative pressure inside the blood storage tank (¶ 0079);
A blood pump (20) that pumps the blood of the blood storage tank (¶ 0080);
An artificial lung (oxygenator 30) that performs gas exchange of the blood pumped from the blood pump (¶ 0081); and
A blood collecting line (vent line 34) that is connected to the blood storage tank (¶ 0078) and sucks blood from a surgical site (¶ 0023, ¶ 0078).
Turner fails to disclose that the blood collecting line sucks blood from the surgical site by the negative pressure of the blood storage tank generated by the negative pressure adjusting device.
However, Turner discloses the negative pressure adjusting device that adjusts a negative pressure inside the storage tank (¶ 0079). Thus, since the blood collection line is connected to the blood storage tank, negative pressure in the blood storage tank will cause the blood from the collecting line to be sucked from the surgical site. Thus, such feature of the blood collecting line sucking blood from the surgical site by the negative pressure of the blood storage tank generated by the negative pressure adjusting device is inherent to the circuit of Turner.
Turner fails to disclose that the negative pressure adjusting device is connected to the blood storage tank, and setting and controlling a pressure inside the blood storage tank to generate a negative pressure inside the blood storage tank at a predetermined value to suck the venous blood into the blood storage tank.
Yoon teaches (fig. 3) a blood circulation circuit (blood recirculation device 10, abstract) and thus in the same field of endeavor, comprising: a blood storage tank (first chamber 100); a negative pressure adjusting device (opening/closing control element 110S) connected to the blood storage tank (fig. 3, ¶ 0046), and setting and controlling a pressure inside the blood storage tank to generate a negative pressure inside the blood storage tank at a predetermined value to suck blood into the blood storage tank (¶ 0038-¶ 0039, ¶ 0046, ¶ 0052), in order to allow the volume in the blood storage tank to be controlled and continuous suction and blood recirculation can be achieved (¶ 0036).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the circuit of Turner such that the negative pressure adjusting device is connected to the blood storage tank, and setting and controlling a pressure inside the blood storage tank to generate a negative pressure inside the blood storage tank at a predetermined value to suck the blood into the blood storage tank, as taught by Yoon, in order to allow the volume in the blood storage tank to be controlled and continuous suction and blood recirculation can be achieved (Yoon ¶ 0036).
Regarding claim 2, Turner discloses a first flow rate adjusting device that adjusts a flow rate of the blood flowing through the blood collecting line (¶ 0064, ¶ 0024-¶ 0025).
Regarding claim 3, Turner in view of Yoon fail to disclose wherein the first flow rate adjusting device adjusts the flow rate by changing an opening area of a tube used as the blood collecting line by pressure-closing the tube from the outside in a non-contact state with the blood.
However, Turner discloses that a clamp is suitable for adjusting a flow rate (¶ 0046).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first flow rate adjusting device of Turner in view of Yoon such that it is a clamp, as taught by Turner, thus providing a first flow rate adjusting device that adjusts the flow rate by changing an opening area of a tube used as the blood collecting line by pressure-closing the tube from the outside in a non-contact state with the blood, as such flow rate adjusting device is suitable for modifying a flow rate (Turner, ¶ 0046).
Regarding claim 4, Turner discloses a second flow rate adjusting device that adjusts a flow rate of the blood flowing through the blood removal line (flow-restricting arrangement (¶ 0092-¶ 0093).
Regarding claim 5, Turner discloses wherein the second flow rate adjusting device adjusts the flow rate by changing an opening area of a tube used as the blood removal line by pressure-closing the tube from the outside in a non-contact state with the blood (¶ 0093, ¶ 0046).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hannan et al. (Pub. No.: US 2011/0040229 A1) discloses a blood storage tank.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEAGAN NGO whose telephone number is (571)270-1586. The examiner can normally be reached M - TH 8:00 - 4:00 PT.
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/MEAGAN NGO/Examiner, Art Unit 3781
/PHILIP R WIEST/Primary Examiner, Art Unit 3781
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