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 .
Notice to Applicant
This communication is in response to the amendment filed 4/7/26. Claims 21 and 22 are newly added. Claims 1-22 are pending.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 21 and 22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The newly added recitation of "wherein the controller is configured to control the display screen to display a second image that instructs an operator to scan the image using the scanner while the image and the second image are displayed on the display screen in order to initiate said at least one step of the biological fluid processing procedure" within claim 21 and “further comprising displaying a second image on the display screen that instructs an operator to scan the image using the scanner while the image and the second image are displayed on the display screen in order to initiate said at least one step of the biological fluid processing procedure“ within claim 22 appear to constitute new matter. Note that Fig. 6 pointed to by Applicant only shows one image (item 382).
In particular, Applicant does not point to, nor was the Examiner able to find support for this newly added language within the specification as originally filed. As such, Applicant is respectfully requested to clarify the above issues and to specifically point out support for the newly added limitations in the originally filed specification and claims.
Applicant is required to cancel the new matter in the reply to this Office Action.
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.
Claim(s) 1-4, 6, 7, 9-14, 16, 17, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Church et al. (US 2020/0397931 A1) in view of Li et al. (US 2024/0047048 A1).
(A) Referring to claim 1, Church discloses A biological fluid processing system, comprising (see abstract of Church; systems, methods, and apparatuses for treating biological fluids.):
a processing device including a display screen and a controller configured to operate the processing device to implement a biological fluid processing procedure having a plurality of steps (see Figs. 1 & 2A, and para. 62 & 48 of Church; FIG. 2A illustrates an exemplary system 200 for treating biological fluids. In some embodiments, the system 200 is substantially similar to system 100, as illustrated in FIG. 1. Power switch 210 can correspond to power switch 110. Display 220 can correspond to display 120. The display 120 is configured to receive input on the GUI. For example, a GUI object of a plurality of GUI objects displayed on the GUI can be selected by providing a user's manual input (e.g., touch input or hover input) on the touchscreen. In response to receiving the input, the system 100 can perform an operation associated with the selected GUI object. For example, a GUI object may be associated with initiation of a biological fluid treatment, and in response to receiving an input selecting the GUI object, the system 100 initiates a process to treat a biological fluid. In some embodiments, the display 120 is configured to display instructions to a user operator (e.g., operator instructions) on the GUI.);
a scanner (Fig. 2A, item 230, para. 63 & 71 of Church; the system 200 includes an external scanner 230.); and
a data management system (para. 51 and Fig. 1 of Church), wherein
the controller is configured to control the display screen to display an image (para. 51 & 52 of Church; the multi-scanner or the system 100 is configured to recognize (and/or convert into another form recognized by the multi-scanner or system 100) the captured multiple sets of identifying information (e.g., recognizing (and/or deciphering) barcodes, QR codes, alphanumeric text and/or symbols, images) captured in a multi-scan operation. After capturing multiple sets of identifying information (e.g., in captured image(s), performed scan(s)), a multi-scanner can convey or communicate them (e.g., via a wired or wireless connection) to the system 100 in recognized (and/or converted) form (e.g., in a language form that the system 100 can already recognize, for example as parameter data) or in unrecognized form (e.g., captured image(s), performed scan(s)). If in unrecognized form, the system 100 can process the captured multiple sets of identifying information into a recognized form. The system 100 can assign the multiple sets of identifying information to corresponding fields (e.g., auto-populating information fields) of the GUI of the display 120 when displaying the GUI for the treatment chamber associated with the biological fluid to be treated.),
to retrieve data from the image and to transmit the data to the data management system (para. 45, 51, 54, and 55 of Church; the multi-scanner or the system 100 is configured to recognize (and/or convert into another form recognized by the multi-scanner or system 100) the captured multiple sets of identifying information (e.g., recognizing (and/or deciphering) barcodes, QR codes, alphanumeric text and/or symbols, images) captured in a multi-scan operation. After capturing multiple sets of identifying information (e.g., in captured image(s), performed scan(s)), a multi-scanner can convey or communicate them (e.g., via a wired or wireless connection) to the system 100 in recognized (and/or converted) form (e.g., in a language form that the system 100 can already recognize, for example as parameter data) or in unrecognized form (e.g., captured image(s), performed scan(s)). If in unrecognized form, the system 100 can process the captured multiple sets of identifying information into a recognized form. The system 100 can assign the multiple sets of identifying information to corresponding fields (e.g., auto-populating information fields) of the GUI of the display 120 when displaying the GUI for the treatment chamber associated with the biological fluid to be treated.),
the scanner and/or the data management system is configured to transmit a signal to the controller based on the data (para. 51 and 96 of Church; After capturing multiple sets of identifying information (e.g., in captured image(s), performed scan(s)), a multi-scanner can convey or communicate them (e.g., via a wired or wireless connection) to the system 100 in recognized (and/or converted) form (e.g., in a language form that the system 100 can already recognize, for example as parameter data) or in unrecognized form (e.g., captured image(s), performed scan(s)). If in unrecognized form, the system 100 can process the captured multiple sets of identifying information into a recognized form. The system 100 can assign the multiple sets of identifying information to corresponding fields (e.g., auto-populating information fields) of the GUI of the display 120 when displaying the GUI for the treatment chamber associated with the biological fluid to be treated. Thus, a multi-scan operation may provide data entry of all or most parameter data for a biological fluid into multiple specific data fields via an auto-population technique that may be convenient, efficient, and time-saving.), and
the controller is configured to control the processing device to initiate at least one step of the biological fluid processing procedure upon receiving the signal (para. 51 and 96 of Church; After capturing multiple sets of identifying information (e.g., in captured image(s), performed scan(s)), a multi-scanner can convey or communicate them (e.g., via a wired or wireless connection) to the system 100 in recognized (and/or converted) form (e.g., in a language form that the system 100 can already recognize, for example as parameter data) or in unrecognized form (e.g., captured image(s), performed scan(s)). If in unrecognized form, the system 100 can process the captured multiple sets of identifying information into a recognized form. The system 100 can assign the multiple sets of identifying information to corresponding fields (e.g., auto-populating information fields) of the GUI of the display 120 when displaying the GUI for the treatment chamber associated with the biological fluid to be treated. Thus, a multi-scan operation may provide data entry of all or most parameter data for a biological fluid into multiple specific data fields via an auto-population technique that may be convenient, efficient, and time-saving. Control circuitry 520 may receive control instructions and/or control signals from computer system 524 and send control instructions and/or control signals to various components of treatment chambers 502 and 504 to adjust or set various parameters associated with various components of chambers 502 and 504. Adjustment of various parameters of chambers 502 and 504 may be desirable to ensure that the chamber's treatment parameters are in accordance with the treatment profiles of the one or more biological fluids 510.).
Church does not disclose the scanner is configured to scan the image while the image is displayed on the display screen to retrieve data from the image.
Li discloses the scanner is configured to scan the image while the image is displayed on the display screen to retrieve data from the image (see Fig. 4G and para. 61 & 90 of Li; display a two-dimensional bar code on the user terminal, operable to initiate a file transmission process, upon the two-dimensional bar code being scanned by a customer terminal, transmitting the physiological parameter report to the customer terminal. Referring to FIG. 4G, the two-dimensional bar code may be a quick response bar code, which may be scanned by a customer A's mobile phone.).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to combine the aforementioned feature of Li within Church. The motivation for doing so would have been to initiate a file transmission process (para. 61 of Li).
(B) Referring to claims 2 and 12, Church discloses wherein the image is a barcode and the scanner is a barcode scanner (para. 51 & 52 of Church).
(C) Referring to claims 3 and 13, Church discloses wherein the barcode is a one-dimensional barcode (para. 16 & 51 of Church).
(D) Referring to claims 4 and 14, Church discloses wherein the barcode is a two-dimensional barcode (para. 16 & 51 of Church).
(E) Referring to claims 6 and 16, Church discloses wherein the image is configured to include data regarding an operator or technician operating the processing device (para. 48 of Church).
(F) Referring to claim 7, Church discloses wherein the controller is configured to initiate an automated portion of the biological fluid processing procedure upon receiving the signal (para. 85, 96, and 99 of Church).
(G) Referring to claims 9 and 19, Church discloses wherein the display screen is configured as an interactive touch screen (para. 24 of Church).
(H) Referring to claims 10 and 20, Church discloses wherein the display screen is not configured as an interactive touch screen (para. 120 of Church).
(I) Referring to claim 11, Church discloses A method of executing a biological fluid processing procedure using a biological fluid processing system including a processing device, a scanner, and a data management system, the method comprising (para. 6 and 24 of Church; systems, methods, and apparatuses for treating biological fluids. The biological fluid treatment system includes a treatment chamber configured to receive biological fluids, a platform configured to carry the biological fluid to be positioned in the treatment chamber, an array of light sources positioned to illuminate the biological fluid in the treatment chamber, and a display configured for displaying a graphical user interface (GUI). The biological fluid treatment system includes a scanner configured to obtain identifying information associated with a first biological fluid, a second biological fluid, or both the first biological fluid and the second biological fluid. The display is a touchscreen configured to display the GUI including the plurality of GUI objects, and the GUI objects are responsive to touch inputs on the touchscreen. In some embodiments, the method further comprises: receiving an input associated with a selection of a GUI object; and in response to receiving the input, performing a biological fluid treatment operation.):
displaying an image on a display screen of the processing device (para. 51 of Church; the multi-scanner or the system 100 is configured to recognize (and/or convert into another form recognized by the multi-scanner or system 100) the captured multiple sets of identifying information (e.g., recognizing (and/or deciphering) barcodes, QR codes, alphanumeric text and/or symbols, images) captured in a multi-scan operation. After capturing multiple sets of identifying information (e.g., in captured image(s), performed scan(s)), a multi-scanner can convey or communicate them (e.g., via a wired or wireless connection) to the system 100 in recognized (and/or converted) form (e.g., in a language form that the system 100 can already recognize, for example as parameter data) or in unrecognized form (e.g., captured image(s), performed scan(s)). If in unrecognized form, the system 100 can process the captured multiple sets of identifying information into a recognized form. The system 100 can assign the multiple sets of identifying information to corresponding fields (e.g., auto-populating information fields) of the GUI of the display 120 when displaying the GUI for the treatment chamber associated with the biological fluid to be treated.);
transmitting the data from the scanner to the data management system (see Figs. 1 & 2A and para. 51 of Church; the multi-scanner or the system 100 is configured to recognize (and/or convert into another form recognized by the multi-scanner or system 100) the captured multiple sets of identifying information (e.g., recognizing (and/or deciphering) barcodes, QR codes, alphanumeric text and/or symbols, images) captured in a multi-scan operation. After capturing multiple sets of identifying information (e.g., in captured image(s), performed scan(s)), a multi-scanner can convey or communicate them (e.g., via a wired or wireless connection) to the system 100 in recognized (and/or converted) form (e.g., in a language form that the system 100 can already recognize, for example as parameter data) or in unrecognized form (e.g., captured image(s), performed scan(s)). If in unrecognized form, the system 100 can process the captured multiple sets of identifying information into a recognized form. The system 100 can assign the multiple sets of identifying information to corresponding fields (e.g., auto-populating information fields) of the GUI of the display 120 when displaying the GUI for the treatment chamber associated with the biological fluid to be treated.); and
transmitting a signal based on the data from the scanner and/or from the data management system to the processing device so as to cause the processing device to initiate at least one step of the biological fluid processing procedure upon receiving the signal (para. 51 and 96 of Church; After capturing multiple sets of identifying information (e.g., in captured image(s), performed scan(s)), a multi-scanner can convey or communicate them (e.g., via a wired or wireless connection) to the system 100 in recognized (and/or converted) form (e.g., in a language form that the system 100 can already recognize, for example as parameter data) or in unrecognized form (e.g., captured image(s), performed scan(s)). If in unrecognized form, the system 100 can process the captured multiple sets of identifying information into a recognized form. The system 100 can assign the multiple sets of identifying information to corresponding fields (e.g., auto-populating information fields) of the GUI of the display 120 when displaying the GUI for the treatment chamber associated with the biological fluid to be treated. Thus, a multi-scan operation may provide data entry of all or most parameter data for a biological fluid into multiple specific data fields via an auto-population technique that may be convenient, efficient, and time-saving.).
Church does not disclose scanning the image with the scanner while the image is displayed on the display screen to retrieve data from the image.
Li discloses scanning the image with the scanner while the image is displayed on the display screen to retrieve data from the image (see Fig. 4G and para. 61 & 90 of Li; display a two-dimensional bar code on the user terminal, operable to initiate a file transmission process, upon the two-dimensional bar code being scanned by a customer terminal, transmitting the physiological parameter report to the customer terminal. Referring to FIG. 4G, the two-dimensional bar code may be a quick response bar code, which may be scanned by a customer A's mobile phone.).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to combine the aforementioned feature of Li within Church. The motivation for doing so would have been to initiate a file transmission process (para. 61 of Li).
(J) Referring to claim 17, Church discloses wherein the processing device is configured to initiate an automated portion of the biological fluid processing procedure upon receiving the signal (para. 85, 96, and 99 of Church).
Claim(s) 5 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Church et al. (US 2020/0397931 A1) in view of Li et al. (US 2024/0047048 A1), and further in view of Calderon (US 2019/0340403 A1).
(A) Referring to claims 5 and 15, Church and Li do not disclose wherein the image is configured to include data regarding a fluid flow circuit used in combination with the processing device during the biological fluid processing procedure.
Calderon discloses wherein the image is configured to include data regarding a fluid flow circuit used in combination with the processing device during the biological fluid processing procedure (para. 3 of Calderon).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to combine the aforementioned feature of Calderon within Church and Li. The motivation for doing so would have been to determine whether a particular fluid flow circuit is suitable for the selected procedure (para. 3 of Calderon).
Claim(s) 8 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Church et al. (US 2020/0397931 A1) in view of Li et al. (US 2024/0047048 A1), and further in view of Cantu et al. (US 6,466,879 B1).
(A) Referring to claims 8 and 18, Church and Li do not disclose wherein the controller is configured to restart a paused biological fluid processing procedure upon receiving the signal and wherein the processing device is configured to restart a paused biological fluid processing procedure upon receiving the signal.
Cantu discloses wherein the controller is configured to restart a paused biological fluid processing procedure upon receiving the signal and wherein the processing device is configured to restart a paused biological fluid processing procedure upon receiving the signal (see Fig. 1, col. 3, lines 8-21, col. 2, lines 14-22, and col. 4, lines 47-65 of Cantu).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to combine the aforementioned features of Cantu within Church and Li. The motivation for doing so would have been to replenish a solution (col. 3, lines 8-21 of Cantu).
Claim(s) 21 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Church et al. (US 2020/0397931 A1) in view of Li et al. (US 2024/0047048 A1), and further in view of Cahoon et al. (US 2023/0029423 A1).
(A) Referring to claim 21, Church and Li do not disclose wherein the controller is configured to control the display screen to display a second image that instructs an operator to scan the image using the scanner while the image and the second image are displayed on the display screen in order to initiate said at least one step of the biological fluid processing procedure.
Cahoon discloses wherein the controller is configured to control the display screen to display a second image that instructs an operator to scan the image using the scanner while the image and the second image are displayed on the display screen in order to initiate said at least one step of the biological fluid processing procedure (Fig. 8, para. 108-112, 115, 177, and 74 of Cahoon).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to combine the aforementioned features of Cahoon within Church and Li. The motivation for doing so would have been to accurately analyze the data (para. 74 of Cahoon).
(B) Referring to claim 22, Church and Li do not disclose further comprising displaying a second image on the display screen that instructs an operator to scan the image using the scanner while the image and the second image are displayed on the display screen in order to initiate said at least one step of the biological fluid processing procedure.
Cahoon discloses further comprising displaying a second image on the display screen that instructs an operator to scan the image using the scanner while the image and the second image are displayed on the display screen in order to initiate said at least one step of the biological fluid processing procedure (Fig. 8, para. 108-112, 115, 177, and 74 of Cahoon).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to combine the aforementioned features of Cahoon within Church and Li. The motivation for doing so would have been to accurately analyze the data (para. 74 of Cahoon).
Response to Arguments
Applicant’s arguments with respect to claim(s) 21 and 22 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's additional arguments filed 4/7/26 have been fully considered but they are not persuasive. Applicant’s arguments will be addressed hereinbelow in the order in which they appear in the response filed 4/7/26.
(1) Applicant argues that the combination of Church and Li does not describe or suggest scanning an image (much less an image displayed on a display screen) so as to initiate a step of a biological fluid processing procedure.
(A) As per the first argument, Examiner relied upon Church to teach the controller is configured to control the processing device to initiate at least one step of the biological fluid processing procedure upon receiving the signal (see para. 51 and 96 of Church which disclose: After capturing multiple sets of identifying information (e.g., in captured image(s), performed scan(s)), a multi-scanner can convey or communicate them (e.g., via a wired or wireless connection) to the system 100 in recognized (and/or converted) form (e.g., in a language form that the system 100 can already recognize, for example as parameter data) or in unrecognized form (e.g., captured image(s), performed scan(s)). If in unrecognized form, the system 100 can process the captured multiple sets of identifying information into a recognized form. The system 100 can assign the multiple sets of identifying information to corresponding fields (e.g., auto-populating information fields) of the GUI of the display 120 when displaying the GUI for the treatment chamber associated with the biological fluid to be treated. Thus, a multi-scan operation may provide data entry of all or most parameter data for a biological fluid into multiple specific data fields via an auto-population technique that may be convenient, efficient, and time-saving. Control circuitry 520 may receive control instructions and/or control signals from computer system 524 and send control instructions and/or control signals to various components of treatment chambers 502 and 504 to adjust or set various parameters associated with various components of chambers 502 and 504. Adjustment of various parameters of chambers 502 and 504 may be desirable to ensure that the chamber's treatment parameters are in accordance with the treatment profiles of the one or more biological fluids 510.) and Li to disclose the scanner is configured to scan the image while the image is displayed on the display screen to retrieve data from the image (see Fig. 4G and para. 61 & 90 of Li; display a two-dimensional bar code on the user terminal, operable to initiate a file transmission process, upon the two-dimensional bar code being scanned by a customer terminal, transmitting the physiological parameter report to the customer terminal. Referring to FIG. 4G, the two-dimensional bar code may be a quick response bar code, which may be scanned by a customer A's mobile phone.).
Note that the claim does not recite what a “step” of the “biological fluid processing procedure” consists of. As such, the broadest reasonable interpretation of a “step” would include the adjusting or setting of various parameters, disclosed in Church. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., biological fluid draw or fluid separation or fluid return) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). In response to applicant's argument that Li fails to teach or suggest an image being scanned in order to initiate a step of a biological fluid processing procedure, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Conclusion
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 LENA NAJARIAN whose telephone number is (571)272-7072. The examiner can normally be reached Monday - Friday 9:30 am-6 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mamon Obeid can be reached at (571)270-1813. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LENA NAJARIAN/Primary Examiner, Art Unit 3687
Prosecution Insights