DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
The preliminary amendment filed January 3, 2025 has been entered. Claims 1-17 are canceled. Claims 18-38 are new and currently pending for examination.
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 18-38 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.
Claim 18 recites, “on a distal side of the coupling device, an extension of the flexible shaft extends through a seal that provides a fluid barrier between the shaft rinsing device and a coupling cavity disposed in a coupling sleeve” in lines 6-8. The specification and drawings do not support on a distal side of the coupling device, an extension of the flexible shaft extending through a seal… in the manner claimed. On the contrary, Figure 1 describes the blood pump, with the coupling device 3 (“first connection part 3” [0037]) and an extension 5 of the flexible shaft 2 proximal to the coupling device 3 that extends through a seal 6 (“On the other side of the first connection part 3, an extension 5 of the shaft 2 is connected and is guided through a shaft seal 6 in a sealed manner from the shaft rinsing device 4 to a coupling cavity 7.” [0037]). For purposes of compact prosecution, the claim will be interpreted as “on a proximal side of the coupling device…”.
Claims 19-38 are rejected to for being dependent on and for failing to remedy the deficiencies of claim 18.
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.
Claim 38 is 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 38 recites the limitation "the shaft" in line 1. There is insufficient antecedent basis for this limitation in the claim. It is unclear if “the shaft” is referencing “the flexible shaft” recited in claim 1 or “the motor shaft” recited in claim 35.
Statement of Prior Art
Vance et al. (US 5,358,485) was identified as the closest prior art but does not disclose a first bearing and a second bearing in the same structural relationship with the other components of a blood pump as required by claim 18. Additionally Vance et al. does not disclose the first and second bearings defining a chamber in the blood pump.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Shturman et al. (US 6,129,734), Schiff et al. (US 2009/0112128), Ensminger (US 5,263,930), Kensey et al. (US 4,753,221), Whitman (US 2007/0075116).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICA S LEE whose telephone number is (571)270-1480. The examiner can normally be reached M-F 8-7pm, flex.
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, David Hamaoui can be reached at (571) 270-5625. 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.
/ERICA S LEE/Primary Examiner, Art Unit 3796
Prosecution Insights