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 abstract of the disclosure is objected to because the first sentence lacks a subject-verb grammatical structure. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities: please also insert the foreign publication number and date and the WIPO publication number and date after the foreign and PCT application numbers and dates in the “Cross Reference to Related Applications”.
The disclosure is objected to because of the following informalities: in paragraph [0017], the phrase “housing 10” should be rewritten as “housing 100” to reflect the correct element number.
The disclosure is objected to because of the following informalities: the Examiner suggests renaming of the section headers to more closely conform to the recommended section headings below.
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4 & 7-9 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2)as being anticipated by McBride, (US 5,800,721).
Regarding Claims 1-4 & 7-9, McBride discloses a liquid storage reservoir, (See Abstract, comprising: a housing that is able to store a liquid, (Housing 12, See Figure 1 & 2, See column 6, lines 21-37); an inflow port connected to an upper portion of the housing to allow the liquid to flow into the housing, (Inlet 34, See Figures 1 & 2, See column 6, lines 32-34, lines 45-49); an outflow port connected to a lower portion of the housing to allow the liquid to flow out of the housing, (Outlet 20, See Figures 1 & 2, See column 6, lines 21-23, See column 7, lines 1-2); and an introduction pipe connected to a downstream-side end portion of the inflow port to introduce the liquid into the housing, (Upper portion of Tube 130 connects to bottom portion of Inlet 34 via Fitting 176, See Figure 2, See column 10, lines 46-58), wherein the inflow port is connected to the housing in a posture intersecting a vertical direction, (Inlet 34 is perpendicular before bending to vertical as it joins with Fitting 176, See Figure 2 & 4, See column 10, lines 46-58), the introduction pipe is formed to be tubular, and has a shape extending vertically downward from the downstream-side end portion of the inflow port, (Tube 130 extends vertically downward from Fitting 176 and Inlet 34, See Figure 2, See column 10, lines 46-58), the housing has an opposed wall formed at a position opposed to a lower end portion of the introduction pipe, (Crown 64 directly facing across from bottom of Tube 130, See Figure 2, See column 7, lines 12-22), and a guide wall that guides the liquid downward from the opposed wall, (Wall Portion 18c extends from Crown 64, See Figure 2, See column 10, lines 10-25).
Additional Disclosures Included:
Claim 2: The liquid storage reservoir according to claim 1, wherein the downstream-side end portion of the inflow port has a wall surface opposed to flow of the liquid, (Inlet 34 joins with Fitting 176 in which the beginning entrance of Inlet 34 is horizontal and then bends with Fitting 176 to the vertical such that the interior wall surface of Fitting 176 would be opposed to said flow, See Figure 2).
Claim 3: The liquid storage reservoir according to claim 1, wherein the opposed wall has a shape that gradually extends downward in a direction toward the guide wall, (Crown 64 slopes in either direction downward to Wall Portion 18c, See Figure 2).
Claim 4: The liquid storage reservoir according to claim 1, wherein the opposed wall has a center-opposed portion located vertically below a center of the lower end portion of the introduction pipe, (Crown 64 is directly vertically below the middle bottom edge of Tube 130, See Figure 2), and a distance between the center of the lower end portion of the introduction pipe and the center-opposed portion is 0.1 time or more and 0.8 time or less as large as an inner diameter of the lower end portion of the introduction pipe, (Height difference in pixel length of bottom edge of Tube 130 to Crown 64 is roughly 28 pixels, while horizontal difference in either edge of Crown 64 is roughly 70 pixels, which results in a ratio of 0.4, anticipating the claimed range at this value. Illustration of pixel differences shown below).
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Claim 7: The liquid storage reservoir according to claim 1, wherein the housing further has an intersecting wall having a shape extending from a lower end portion of the guide wall in a direction intersecting the guide wall, (Wall Portion 18c joins Wall Portion 18a and/or 18b which extend in a direction different/intersecting with Wall Portion 18c, Figure 2, See column 6, lines 64-67, column 7, lines 1-20).
Claim 8: The liquid storage reservoir according to claim 7, wherein the housing further has a tubular portion provided below the intersecting wall, (Basin 50 and/or interior of Lower Portion 14/Housing 12 has round/circular profile as shown in Figure 1), the outflow port is connected to a lower end portion of the tubular portion, (Outlet 20 at bottom of Lower Portion 14/Basin 50, See Figure 1 & 2, See column 6, lines 21-27), and the tubular portion has a shape having a cross section gradually decreased in a direction toward the outflow port, (Basin 50 as part of Lower Portion 14 progressively narrows toward Outlet 20, See column 6, lines 64-67, column 7, lines 1-8).
Claim 9: The liquid storage reservoir according to claim 8, wherein the housing further has a coupling wall that couples the intersecting wall and the tubular portion to each other, (Wall Portion 18b joins Basin 50 to Wall Portion 18a, See Figure 2, See column 6, lines 64-67, column 7, lines 1-6), and the coupling wall has a shape inclined to extend gradually downward in a direction toward the tubular portion, (Wall Portion 18b extends at slope along edge of Basin 50 as part of Lower Portion 14, See Figure 2, See column 6, lines 64-67, column 7, lines 1-4).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over McBride, (US 5,800,721), in view of Yokoyama et al., (“Yokoyama”, US 2002/0094300).
Regarding Claim 5, McBride discloses the liquid storage reservoir according to claim 1, wherein the inflow port has a shape with an inner diameter gradually decreased in a direction toward the introduction pipe.
Yokoyama discloses wherein the inflow port has a shape with an inner diameter gradually decreased in a direction toward the introduction pipe, (Venous Blood Inlet 5c, See Figure 4, See paragraph [0104], Yokoyama; Top interior edge of Inlet 5c is larger than bottom interior edge indicating decrease in inner diameter).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the liquid storage reservoir of McBride by incorporating wherein the inflow port has a shape with an inner diameter gradually decreased in a direction toward the introduction pipe as in Yokoyama to “ensure that blood caused to flow into the venous blood…tube…from the venous blood inlet…is supplied to the interior of the filtering and defoaming device…thereby preventing mixing of an antifoaming agent into the blood when the blood flows into the filtering and defoaming device”, (See paragraph [0105], Yokoyama).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over McBride, (US 5,800,721), in view of Wendler et al., (“Wendler”, US 2010/0211028).
Regarding Claim 6, McBride discloses the liquid storage reservoir according to claim 1, but does not disclose wherein the introduction pipe has a shape with an inner diameter gradually increased in a downward direction.
Wendler discloses wherein the introduction pipe has a shape with an inner diameter gradually increased in a downward direction, (See paragraph [0030]; Do at bottom of Downtube 80 is wider than Di at top of Downtube 80).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the liquid storage reservoir of McBride by incorporating wherein the introduction pipe has a shape with an inner diameter gradually increased in a downward direction as in Wendler so that “the flared lumen diameter slows the velocity of the…blood being delivered” in which “this effect, in turn, reduces the velocity of bubbles….as a buoyancy of air bubble forces the air bubble to the free surface of the venous blood flow” and “as a result, air is removed from the venous blood flow more effectively such that the reservoir…exhibits improved air handling capabilities”, (See paragraph [0030], Wendler).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M PEO whose telephone number is (571)272-9891. The examiner can normally be reached M-F, 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bobby Ramdhanie can be reached at 571-270-3240. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN M PEO/Primary Examiner, Art Unit 1779