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 .
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.
Claims 64, 69-72, 83 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ziegler et al (US 20090288497 A1).
Regarding claim 64, Ziegler discloses a sensor assembly 100 (Figs 3-4, 9-14; embodiments having similar elements) for an infusion system, the sensor assembly comprising:
a body 102,104;
a pressure diaphragm 110,116 coupled to the body, the pressure diaphragm comprising a diaphragm interface at 130,132;
a fluid passageway 106,118 formed between the body 102,104 and the pressure diaphragm 110, the fluid passageway configured to allow a fluid to pass therethrough to be delivered to a patient; and
a sensor 120,122 comprising a sensor interface at 130,132 coupled to the diaphragm interface in an interlocked connection (fig 4), the interlocked connection configured to transfer a load (fluid flow) from the pressure diaphragm to the sensor, the load indicating a fluid pressure of the fluid passing through the fluid passageway [0007; Summary of invention].
Regarding claim 69, Ziegler discloses 64, wherein the pressure diaphragm further comprises:
an inner side at 108,114 (fig 4); and
an outer side at 130,132 opposite the inner side, the outer side comprising the diaphragm interface (fig 4); wherein the fluid passageway (106 through to 118) is formed between the inner side and the body.
Regarding claim 70, Ziegler discloses wherein the pressure diaphragm defines a flexible membrane [0046,0078].
Regarding claim 71, Ziegler discloses wherein the inner side of the pressure diaphragm surrounds an interior volume of the pressure diaphragm (fig 4).
Regarding claim 72, Ziegler discloses wherein the pressure diaphragm comprises:
a base portion coupled to the body (to top portion 102; fig 4);
a central portion (figure 4 at arrow 114); and
an interface portion comprising the diaphragm interface (at 110,116).
Regarding claim 83, Ziegler discloses a method, comprising:
causing fluid to flow through a fluid passageway of a sensor assembly 100 for an infusion device, the sensor assembly comprising:
a body 102,104;
a pressure diaphragm 110,116 coupled to the body, the pressure diaphragm comprising a diaphragm interface at 130,132; and
a sensor 120,122 comprising a sensor interface at 130,132 coupled to the diaphragm interface in an interlocked connection (fig 4), the interlocked connection configured to transfer a load (fluid flow) from the pressure diaphragm to the sensor;
wherein the fluid passageway is formed between the body and the pressure diaphragm; determining, based on the load, a fluid pressure of the fluid (Summary of invention);
detecting, based on a comparison of the fluid pressure to a threshold pressure, an occlusion in the fluid passageway (Summary of invention); and
preventing, based on the detecting, delivery of the fluid to a patient ([0057-0062], figs 7-7a).
Allowable Subject Matter
Claims 65-68, 73-82 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cris L Rodriguez whose telephone number is (571)272-4964. The examiner can normally be reached Monday-Thursday 8am- 2pm..
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, Chelsea Stinson can be reached at 571-270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Cris L. Rodriguez/
Primary Patent Examiner
Art Unit 3783
Prosecution Insights