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 Objections
Claim 39 recites the limitation “calculate the section pressure drop as function of…” on 7, which is interpreted to read “calculate the section pressure drop as a function of…”.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 29, 31-34, 39, and 40 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 29 states “wherein the control unit is configured to calculate the section pressure drop during at least one time the extracorporeal blood treatment” which is unclear, and therefore indefinite. For the purpose of examination, the claim is interpreted to mean “wherein the control unit is configured to calculate the section pressure drop during at least one time during the extracorporeal blood treatment” (Emphasis by Examiner).
Claim 31 recites “…stopped to obtain a zero a blood flow rate” on line 3 which unclear and therefore indefinite. This is interpreted to read as “…stopped to obtain a zero
Claims 32-34, 39, and 40 are rejected based on their dependency.
REASONS FOR ALLOWANCE
Claims 24-28, 30, 35-38, and 41-47 are allowed.
Claims 32-34, 39, and 40 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.
The following is an examiner’s statement of reasons for allowance: US 20160354531 A1 (Kopperschmidt) is the closest prior art of record.
Kopperschmidt teaches an apparatus for extracorporeal blood treatment, comprising:
a filtration unit (2);
an extracorporeal blood circuit having a blood withdrawal line (5) connected
to an inlet of the filtration unit and a blood return line (7) connected to an
outlet of the filtration unit, said extracorporeal blood circuit being configured
for connection to a cardiovascular system of a patient (par. 36); the
extracorporeal blood circuit comprising at least one connector (5a, 7a) for
connection to a vascular access device (1) fixed to the patient ;
at least one pressure sensor (18 arterial, 19 venous) configured to detect
a pressure in at least one measurement location in the extracorporeal blood
circuit (Fig. 1);
a blood pump (6) configured to control the flow of blood through the
extracorporeal blood circuit;
a control unit (22) connected to the blood pump (6) and to the at least one
pressure sensor (18,19), the control unit (22) being configured for detecting
a disconnection between the at least one connector (5a, 7a) of the
extracorporeal blood circuit and the vascular access device (1; paragraph
9);
wherein, during an extracorporeal blood treatment, the control unit (22) is
configured for:
receiving a measured pressure from the at least one pressure sensor (18,19);
Kopperschmidt fails to teach calculating a hydrostatic pressure difference due to a difference in height between the vascular access device, instead teaching in paragraph 43, the hydrostatic pressure difference is calculated between the venous pressure sensor and the patient's heart and said at least one pressure sensor;
Additionally, Kopperschmidt fails to teach calculating a section pressure drop due to a section of the blood circuit from the connector to said at least one pressure sensor and calculating a disconnection pressure as an algebraic sum of the hydrostatic pressure difference and the section pressure drop; setting a pressure alarm threshold as a function of the disconnection pressure; and
detecting a disconnection of the least one connector from the vascular access device by comparing the measured pressure with the pressure alarm threshold.
The claimed steps for detecting a disconnection were not found as claimed in similar art and Kopperschmidt fails to teach or suggest the claimed steps for determining a disconnection event. Kopperschmidt therefore fails to teach the claimed device, alone or in combination.
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.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANS KALIHER whose telephone number is (303)297-4453. The examiner can normally be reached Monday-Friday 08:00-05:00 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HANS KALIHER/Examiner, Art Unit 3781
/JESSICA ARBLE/Primary Examiner, Art Unit 3781
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