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:
In lines 1-2, “A dialysate extraction device and a blood purification apparatus each configured” should be changed to “A dialysate extraction device and a blood purification apparatus, each of the dialysate extraction device and the blood purification apparatus configured”
In line 2, “the scattering” should be changed to “scattering”
In lines 4-5, “A dialysate extraction device” should be changed to “The dialysate extraction device”
In line 6, “a collecting part” should be changed to “the collecting part”
In line 6, “dialysate” should be changed to “the dialysate”
In line 7, “a cap member” should be changed to “the cap member”
In line 16, “a gap in between” should be changed to “a gap in between the outer peripheral surface of the projection and the inner peripheral surface of the collecting part”
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:
The Specification is missing a Cross-Reference to Related Applications section stating that the application is a continuation of PCT/JP2022/039048, filed 10/20/2022, and claims foreign priority to JP2021-173501, filed 10/22/2021.
Appropriate correction is required.
Claim Objections
Claims 1, 6, and 9 are objected to because of the following informalities:
In regards to claim 1, line 18, “a gap in between” should be changed to “a gap in between the outer peripheral surface of the projection and the inner peripheral surface of the collecting part”.
In regards to claim 1, line 20, “undone” should be changed to “undone, and”.
In regards to claim 6, lines 1-2, “the dialysate flow route” should be changed to “a dialysate flow route”.
In regards to claim 9, line 18, “a gap in between” should be changed to “a gap in between the outer peripheral surface of the projection and the inner peripheral surface of the collecting part”.
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.
Claims 1-7 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vernin (WO 2019/243460).
In regards to claim 1, Vernin teaches a dialysate extraction device (Figures 1-8) comprising:
a dialysate extraction port (20) connected to a dialysate flow route through which dialysate is to flow, the dialysate extraction port including a collecting part (20) to which the dialysate flowing in the dialysate flow route is collectable
a cap member (42) attachable to and detachable from the collecting part of the dialysate extraction port
a seal member (24/26/35) attached to the cap member and configured to seal the collecting part with the cap member attached to the collecting part
wherein the seal member includes
a close-fitting part (26) configured to seal the collecting part by closely fitting on an outer peripheral surface of the dialysate extraction port
a projection (35) projecting toward an inside of the collecting part and having an outer peripheral surface that faces an inner peripheral surface of the collecting part with a gap in between, the projection defining an inflow route into which outside air is allowed to flow when the sealing by the close-fitting part is undone
wherein the projection is shaped asymmetrically in a top-bottom direction with a lower portion of the projection having a greater length of projection than an upper portion of the projection (Figure 8)
In regards to claim 2, Vernin teaches wherein the projection has a tip to be located on an inner side of the collecting part relative to a position that is reached by the close-fitting part when the sealing of the collecting part is undone, and the inflow route is kept secured when the sealing is undone (Figure 8).
In regards to claim 3, Vernin teaches wherein the inflow route extends over an entire periphery of the outer peripheral surface of the projection (Figure 8).
In regards to claim 4, Vernin teaches wherein the dialysate extraction port has a first flow route through which fluid flowing in the dialysate flow route is allowed to flow toward the collecting part; and a second flow route through which the fluid having flowed through the first flow route is allowed to flow toward the dialysate flow route (Figure 8).
In regards to claim 5, Vernin teaches wherein the cap member includes a positioning part where the seal member is positionable (Figure 8).
In regards to claim 6, Vernin teaches a blood purification apparatus (Figures 1-8) comprising the dialysate flow route (6/7) to which the dialysate extraction device according to Claim 1 is attached
wherein a negative pressure is generated in the dialysate extraction port at a predetermined timing before the cap member is detached from the collecting part (page 11, lines 27-33)(page 13, lines 12-13)
In regards to claim 7, Vernin teaches a fluid delivery unit (8) configured to deliver dialysate in the dialysate flow route, wherein the negative pressure in the dialysate extraction port is generated by activating the fluid delivery unit (page 11, lines 27-33)(page 13, lines 12-13).
In regards to claim 9, Vernin teaches a dialysate extraction device (Figures 1-8) comprising:
a dialysate extraction port (20) connected to a dialysate flow route through which dialysate is to flow, the dialysate extraction port including a collecting part (20) to which the dialysate flowing in the dialysate flow route is collectable
a cap member (42) attachable to and detachable from the collecting part of the dialysate extraction port
a seal member (24/26/35) attached to the cap member and configured to seal the collecting part with the cap member attached to the collecting part
wherein the seal member includes
a close-fitting part (26) configured to seal the collecting part by closely fitting on an outer peripheral surface of the dialysate extraction port
a projection (35) projecting toward an inside of the collecting part and having an outer peripheral surface that faces an inner peripheral surface of the collecting part with a gap in between, the projection defining an inflow route into which outside air is allowed to flow when the sealing by the close-fitting part is undone
wherein the close-fitting part and the projection are provided as portions of the seal member (Figure 8)
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Vernin, as applied to claim 7 above, and further in view of Suzuki (US 2013/0035626).
In regards to claim 8, Vernin does not teach wherein the fluid delivery unit is a cascade pump, as Vernin teaches wherein the fluid delivery unit is a peristaltic pump (page 11, lines 30-31). Suzuki teaches blood purification apparatus (Figures 4-7) wherein a fluid delivery unit is a cascade pump (9). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the fluid delivery unit, of the apparatus of Vernin, to be a cascade pump, as taught by Suzuki, as such is another pump that may be used as a fluid supplying device, in addition to a duplex pump and a peristaltic pump (paragraphs [0051][0062]).
Conclusion
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/SHEFALI D PATEL/Primary Examiner, Art Unit 3783
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