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 .
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 “at least one of the plurality of roller elements is configured to contact the flexible tubing indirectly through at least one intervening layer” of claim 5, and “wherein at least one of the plurality of roller elements has a coating layer disposed thereon such that the coating layer contacts the flexible tubing directly” of claim 7 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. See CFR 1.83 regarding the content of drawings. In this case the limitations cited above in claims 5 and 7 are not conventional, and thus require representation in the drawings for a proper understanding of applicant’s invention. See MPEP 608.02 for guidance on drawings in a patent application, and 608.02 (IX) for drawing symbols appropriate for representing coatings and layers of different materials.
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.
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.
Claim(s) 35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu, Foreign Patent Document, CN105239948.
Regarding independent claim 35, Liu discloses a flexible tubing guidance device (1, 2, Fig. 2) comprising: a body portion (11, Fig. 2) having a bore (bore 16, Fig. 3 where 3 passes through 11, Fig. 2) formed therein; a plurality of roller elements (12, Fig. 2) disposed within the body portion (11, Fig. 2) and at least partially extending into the bore to contact flexible tubing passing through the bore (12, contacts flexible tubing 3, Fig. 2); and a clamping mechanism (2, Fig. 2) configured to apply a clamping force to an exterior of the flexible tubing exiting the bore (Paragraph [0008], lines 6-8) wherein the clamping mechanism comprises: a plurality of jaw elements (24, Fig. 2), wherein at least one of the jaw elements is of a substantially wedge-shaped prism geometry which terminates in one inner vertex located proximal to the bore (242, vertex located at bottom of 242 in Fig. 1); and a drive element (23, Fig. 1) configured to drive the plurality of jaw elements radially inward toward one another via a camming action such that the inner vertex contacts the exterior of the flexible tube exiting the bore (242, Fig. 1; Paragraph [0047], lines 1-5).
Allowable Subject Matter
Claims 1-2, 4-8, 14, 18, 21-26, 30, 32 and 34 allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding independent claims 1 and 34, Liu, CN105239948 and Fulks, US20150252633 are close prior art, teaching a majority of the features of independent claims 1 and 34, however neither Liu or Fulks, alone or in combination, teach, suggest, or render obvious the addition of the biasing element disposed within the slot of the drive element configured to exert a biasing force which facilitates a return of the plurality of jaw elements from a closed position in which the plurality of jaw elements are in contact with the exterior of the flexible tubing to an open position in which the plurality of jaw elements are out of contact with the exterior of the flexible tubing. It would not have been obvious to add a biasing element within the slot, as such a mechanism would complicate the assembly and increase manufacturing cost. Further, the structure of Liu and Fulks accomplish the return of the drive element reliably and in a controlled manner via pneumatic, hydraulic, or electric means, negating the need for an additional biasing element that is located within the slot.
Claims 2, 4-8, 14, 18, 21-26, 30, and 32 are allowable because they depend from claim 1 and are further limiting.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments, see pages 8-9 of Remarks, filed 4/20/2026, with respect to the drawing objection regarding the subject matter of claim 4 set forth in the Non-Final Office Action have been fully considered and are persuasive. The objection of the drawings regarding the subject matter of claim 4 has been withdrawn.
Applicant's arguments filed 4/20/2026 have been fully considered but they are not persuasive. With respect to applicant’s arguments regarding the drawing objection to claimed subject matter of claims 5 and 7 not being shown as set forth in the Non-Final Office Action, it is noted that the features which applicant claims are not conventional, and thus must be shown in the drawings for a proper understanding of applicant’s invention. See CFR 1.83 regarding the content of drawings. See MPEP 608.02 for guidance on drawings in a patent application, and 608.02 (IX) for drawing symbols appropriate for representing coatings and layers of different materials.
Applicant’s arguments, see pages 9-10 of Remarks, filed 4/20/2026, with respect to the rejection of claims 1-2, 4-8, 14, 18, 21-26, 30 and 32 have been fully considered and are persuasive. The rejection of claims 1-2, 4-8, 14, 18, 21-26, 30 and 32 has been withdrawn.
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 KATELYNNE BURRELL whose telephone number is (703)756-1344. The examiner can normally be reached 10:00am - 6:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Victoria Augustine can be reached at (313) 446-4858. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANNA M MOMPER/Supervisory Patent Examiner, Art Unit 3619
/K.R.B./Examiner, Art Unit 3654
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