DETAILED ACTION
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 26 June 2026 has been entered.
Applicant’s amendments (Filed 26 June 2026) to claims have been entered. The amendment addressed the 112 rejections of the previous office action. All previous objections and 112 rejections have been withdrawn.
Claims 28-42 are pending.
Response to Arguments
Applicant's arguments filed 26 June 2026 have been fully considered but they are not persuasive. Applicant argues that the office has not cited to the newly claimed features.
Examiner has accordingly modified the rejection to address the newly claimed features.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 28-30 and 35-38 are rejected under 35 U.S.C. 103 as being unpatentable over Stemple (US 2009/0129944) in view of D’Silva (US 5090877).
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Annotations on Stemple fig 1
Regarding claim 28, Stemple discloses a peristaltic pump (abstract, fig 1) comprising:
a chassis (occlusion bed 20, par 0023) defining one of a male connecting portion (first of two alternatives; outer edge of 20 set in sliding track of housing 12, par 0024) and a female connecting portion (second of two alternatives);
a chassis retainer (housing 12) comprising the other of one of a male connecting portion (first of two alternatives) and a female connecting portion (second of two alternatives, the outer walls of housing 12 holding the sliding track for occlusion bed 20, par 0024), the chassis and the chassis retainer cooperating to form a cavity (space for rotor 14), the chassis retainer further comprising a first portion of a lock distal the chassis (recesses 24 for ball detents 22, par 0023; under a BRI detents retain the cover in position, which meets the plain meaning of “lock”),
a rotor (14) disposed within the cavity such that tubing (fig 2, 28) can be held between the rotor and the chassis and/or the chassis retainer (fig 2 shows a tubing path where tubing is between the rotor and both the chassis and chassis retainer);
a cover (16) comprising a second portion of a lock (ball detents 22, par 0023) configured to interact with the first portion of the lock of the chassis retainer (par 0023), the cover further comprising a first pivot (shaft 18, par 0023), the cover rotatable about the first pivot (door 16 pivots about a shaft 18, par 0023), the second portion of the lock positioned distal the first pivot (ball detents 22 and shaft 18 are at opposite ends of door 16) and
a linkage coupling the cover to the chassis (fig 4a, linkage 18, 30, 32), the linkage comprising an arm (pinon gear 30, where each tooth is considered an arm), the arm comprising a first end (outer radial end of teeth) and a second end (end of teeth closer to shaft 18),
wherein when opening the cover (par 0023), the arm pivots such that the chassis (20) moves away from the chassis retainer (housing 12) in a first direction to widen the cavity (fig 1 shows, during opening that chassis 20 slides away from the end of housing 12 which holds locks 22, par 0010, 0024),
wherein when closing the cover (par 0023), the arm pivots such that the chassis (20) moves toward the chassis retainer (12) in a direction opposite the first direction (fig 1 shows during closing that chassis 20 slides toward the end of housing 12 with locks 22, par 0010, 0024), and
wherein when closed the interaction of the one of the male connecting portion and the female connecting portion on the chassis and the other of the male connecting portion and the female connecting portion on the chassis retainer restricts movement of the chassis with respect to the chassis retainer (the occlusion bed 20 slides within the track of housing 12, par 0024, fig 1 depicts the track on 12 as extending over the top of the occlusion bed, which would restrict movement of the chassis to what is allowed by the track) and wherein when closed the interaction of the first portion of the lock on the chassis retainer and the second portion of the lock on the cover restricts further movement of the chassis with respect to the chassis retainer (detent 22 and recess 24 prevent the cover 16 from opening, and thereby prevents sliding that occurs due to the cover 16 opening, par 0023) and the lock is movable between a locked position and an unlocked position (the detent 22 moves with the cover 16 between a locked/closed position and an open/unlocked position).
Stemple is silent on when the cover is closed, the lock is selectably manually movable between a locked position and an unlocked position.
D’Silva teaches a peristaltic pump with a housing (19) a hinged cover (23) and a latch (25) wherein, when the cover is closed, the lock is selectably manually movable between a locked position and an unlocked position (latch can be locked or not locked in the door closed position, c 3 ln 25-32), where the latch is configured to provide a visual indication that the door (23) is prevented from being closed properly and thereby prevent likely hood of damage after loading the pump (c 1 ln 55-60).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention by modifying the cover and housing of Stemple by adding the latching mechanism of D’Silva thereby providing a visual indication that the door is closed properly and thereby prevent damage to the pump (c 1 ln 55-60).
Regarding claim 29, Stemple in view of D’Silva teaches the peristaltic pump of Claim 28, wherein the first portion of the lock on the chassis retainer comprises one of a male connector and a female connector (male and female connector are claimed as alternatives; chassis retainer 12 has a recess 24 which reasonably is a female connector), and wherein the second portion of the lock on the cover comprises the other of a male connector and a female connector (male and female are claimed alternately; cover 16 has detent 22 which reasonably is a male connector).
Regarding claim 30, Stemple in view of D’Silva teaches the peristaltic pump of Claim 28. Stemple is silent on when the cover is closed, the first portion of the lock is rotatable about an axis parallel to the first direction.
D’Silva teaches that its latch is rotatable about the axis perpendicular to the hinges of the cover (D’Silva fig 2).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention that when combining Stemple in view of D’Silva to attach the latch of D’Silva to the cover of Stemple in the same manner that the latch is attached to the cover in the individual reference, for the predictable result that the latch function as described in the original reference.
As a result, the combination meets the limitation “when the cover is closed, the first portion of the lock is rotatable about an axis parallel to the first direction,” because both the axis of rotation and the axis of the first direction of movement are perpendicular to the pivoting axis between the cover and housing.
Regarding claim 35, Stemple discloses a peristaltic pump (abstract, fig 1) comprising:
a chassis (20) defining one of a male connecting portion and a female connecting portion (male and female are claimed alternately ; outer edge of 20 is a male connecting portion), the chassis further comprising one of a male connecting section and a female connecting section (male and female are claimed alternately; the male connecting section is the part of outer edge 20 in contact with the sliding track of housing 12);
a chassis retainer (housing 12) comprising the other of one of a male connecting portion and a female connecting portion (male and female are claimed alternately; the outer walls of housing 12 is a female connecting portion), the chassis and the chassis retainer cooperating to form a cavity (12 and 20 enclose a cavity for rotor 14),
a rotor (14) disposed within the cavity such that tubing (fig 2, 28) can be held between the rotor and the chassis and/or the chassis retainer (fig 2 depicts this arrangement);
a cover (16);
a linkage coupling the cover to the chassis (fig 4a, linkage 18, 30, 32), the linkage comprising an arm (pinion gear 30, where each tooth is considered an arm), the arm comprising a first end (outer radial edge of each tooth) and a second end (base of each tooth closer to shaft 18); and
a base (bottom of cover 16) comprising the other of a male connecting section and a female connecting section (male and female are claimed alternately; detent 22 is a male connecting section),
wherein when opening the cover (par 0023), the arm pivots such that the chassis moves away from the chassis retainer to widen the cavity (par 0010, 0024),
wherein when closing the cover (par 0023), the arm pivots such that the chassis moves toward the chassis retainer (par 0010, 0024), and
wherein when closed the interaction of the one of the male connecting portion and the female connecting portion on the chassis and the other of the male connecting portion and the female connecting portion on the chassis retainer restricts movement of the chassis with respect to the chassis retainer (the occlusion bed 20 slides within the track of housing 12, par 0024, fig 1 depicts the track on 12 as extending over the top of the occlusion bed, which would restrict movement of the chassis to what is allowed by the track) and
wherein when closed the interaction of the one of the male connecting section and the female connecting section on the chassis and the other of the male connecting section and the female connecting section on the base restricts further movement of the chassis with respect to the chassis retainer (detent 22 on base and recess 24 on the chassis prevent the cover 16 from opening, and thereby prevents sliding that occurs due to the cover 16 opening, par 0023).
Stemple is silent on when the cover is closed, the lock is selectably manually movable between a locked position and an unlocked position.
D’Silva teaches a peristaltic pump with a housing (19) a hinged cover (23) and a latch (25) wherein, when the cover is closed, the lock is selectably manually movable between a locked position and an unlocked position (latch can be locked or not locked in the door closed position, c 3 ln 25-32), where the latch is configured to provide a visual indication that the door (23) is prevented from being closed properly and thereby prevent likely hood of damage after loading the pump (c 1 ln 55-60).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention by modifying the cover and housing of Stemple by adding the latching mechanism of D’Silva thereby providing a visual indication that the door is closed properly and thereby prevent damage to the pump (c 1 ln 55-60).
Regarding claim 36, Stemple in view of D’Silva teaches the peristaltic pump of Claim 35, further comprising a fastener (detent 22 meets the plain meaning of fastener) configured to couple the cover to the chassis (par 0023).
Regarding claim 37, Stemple in view of D’Silva teaches the peristaltic pump of Claim 36, wherein the fastener is configured to couple the chassis to the base (detent 22 couples the base of the cover to the chassis thereby keeping the cover closed, par 0023).
Regarding claim 38, Stemple disclose the peristaltic pump of Claim 37, wherein the fastener is configured to extend through the cover, the base, and the chassis. In the above interpretation, the base is considered the bottom portion of the cover. Therefore, fig 1 depicts detent 22 as a ball extending into the base; since the base is a component of the cover, detent 22 extending into the base also extends into the cover. Fig 1 also depicts a recess 24 for the detent 22 in the chassis; the recess also meets the plain meaning of extending through the chassis. Furthermore, when the door is closed, detent 22 extends into the recess 24, which indicates the detent 22 also extends into the chassis. Therefore, detent 22 can reasonably meet the claim limitations.
Claim 31-34 and 39-42 are rejected under 35 U.S.C. 103 as being unpatentable over Stemple in view of D’Silva in view of Jarnagin (US 2013/0115120).
Regarding claim 31, Stemple in view of D’Silva teaches the peristaltic pump of Claim 28, wherein the linkage comprises a second pivot secured relative to the cover (secured via shaft 18, par 0023).
Stemple is silent on the first pivot secured relative to the chassis.
Stemple instead shows a rack and pinon style linkage which has a single pinion. Nevertheless, a person of ordinary skill in the art would recognize that a rack and pinion linkage is an equivalent to a pivot arm / pitman arm linkage in the mechanical arts.
Jarnagin teaches an analogous peristaltic pump with a linkage (par 0009) comprises a first pivot (fig 7, 180) secured relative to the chassis (occlusion bed 130, par 0039) and a second pivot (182) secured relative to the cover (140), where the bar linkage (linkage bars 176, 178, par 0053) is a replacement for a prior art rack and pinion linkage (par 0009-0010).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to replace the rack and pinion linkage of Stemple with the bar linkage of Jarnagin as an obvious variation of a linkage for sliding an occlusion bed when opening and closing a cover (par 0009-0010, 0053-0054).
Regarding claim 32, Stemple in view of D’Silva in view of Jarnagin makes obvious the peristaltic pump of Claim 31, wherein when opening and closing the cover (Jarnagin, par 0009, 0053-0054), the cover pivots about the second pivot (181, id.), causing the arm to pivot about the first pivot of the linkage (180, id).
Regarding claim 33, Stemple in view of D’Silva in view of Jarnagin make obvious the peristaltic pump of Claim 32, wherein the first end of the arm is positioned at the first pivot of the linkage (Jarnagin, pivot 180 is at a first end of linkage bar 178, par 0053-0054).
Regarding claim 34, Stemple in view of D’Silva in view of Jarnagin make obvious the peristaltic pump of Claim 33, wherein when opening the cover, the cover is configured to contact the second end of the arm (Jarnagin, fig 7, second end of linkage bar 178 nearer pivot 181 which is on cover 140) to cause the arm to pivot about the first pivot of the linkage (arm pivots around 180, par 0053).
Regarding claim 39, Stemple in view of D’Silva teaches the peristaltic pump of Claim 35, wherein the linkage comprises a second pivot secured relative to the cover (secured via shaft 18, par 0023).
Stemple is silent on the first pivot secured relative to the chassis.
Stemple instead shows a rack and pinon style linkage which has a single pinion. Nevertheless, a person of ordinary skill in the art would recognize that a rack and pinion linkage is an equivalent to a pivot arm / pitman arm linkage in the mechanical arts.
Jarnagin teaches an analogous peristaltic pump with a linkage (par 0009) comprises a first pivot (fig 7, 180) secured relative to the chassis (occlusion bed 130, par 0039) and a second pivot (182) secured relative to the cover (140), where the bar linkage (linkage bars 176, 178, par 0053) is a replacement for a prior art rack and pinion linkage (par 0009-0010).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to replace the rack and pinion linkage of Stemple with the bar linkage of Jarnagin as an obvious variation of a linkage for sliding an occlusion bed when opening and closing a cover (par 0009-0010, 0053-0054).
Regarding claim 40, Stemple in view of D’Silva in view of Jarnagin makes obvious the peristaltic pump of Claim 39, wherein when opening and closing the cover (Jarnagin, par 0009, 0053-0054), the cover pivots about the second pivot (181, id.), causing the arm to pivot about the first pivot of the linkage (180, id).
Regarding claim 41, Stemple in view of D’Silva in view of Jarnagin make obvious the peristaltic pump of Claim 40, wherein the first end of the arm is positioned at the first pivot of the linkage (Jarnagin, pivot 180 is at a first end of linkage bar 178, par 0053-0054).
Regarding claim 42, Stemple in view of D’Silva in view of Jarnagin make obvious the peristaltic pump of Claim 41, wherein when opening the cover, the cover is configured to contact the second end of the arm (Jarnagin, fig 7, second end of linkage bar 178 nearer pivot 181 which is on cover 140) to cause the arm to pivot about the first pivot of the linkage (arm pivots around 180, par 0053).
Conclusion
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/GEOFFREY S LEE/Examiner, Art Unit 3746
/DOMINICK L PLAKKOOTTAM/Primary Examiner, Art Unit 3746
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