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 Objections
Claims 10, 23, 32, 36, 46, 49, and 55 objected to because of the following informalities:
Claims 10, 23, 32, 46, and 55 are objected to for a typographical error wherein there is improper antecedent basis where the claims recite “arranged to accommodate a syringe”, however antecedent basis for a syringe has already been established in the respective independent claims for each of the objected to dependent claims.
Claims 36 and 49 are objected to for a typographical error wherein there is improper antecedent basis where the claims recite “the base structured and arranged to receive a syringe” and should instead recite “the base structured and arranged to receive the syringe” since antecedent basis for the syringe is already established in the claims (“to dispense a solution from a syringe”).
Claim 36 is further objected to for a typographical error wherein there is improper antecedent basis where the claim recites “determined size selectively engaging adjustable driver” and should instead recite “determined size selectively engaging the adjustable driver”.
Appropriate correction is required.
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 1-57 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.
As per MPEP 2173.05(p)(ll), a single claim which claims both an apparatus and the method steps of using the apparatus is indefinite. It is not clear if the claims are drawn only to structures that are capable of performing the method steps or if the claims are intended to be written as method steps. For the sake of examination, the claims have been interpreted as only requiring that the claimed structures be capable of performing the method steps and are not so narrow as to require the method steps to actually be performed.
Claims 1, 13, and 26 are each indefinite where they refer to a “pump assembly accommodating syringes of different sizes” as these limitations render the claims indefinite where the claim appears to be drawn to both an apparatus (pump assembly) and a method step of use (accommodating syringes of different sizes), and it is unclear whether the claim limitation of the method step is meant to be a positive recitation of a method step or a functional limitation placed on the apparatus. For the purposes of compact prosecution, Examiner has understood the claim limitation to be functional (“syringe pump assembly for accommodating syringes of different sizes”).
Claims 1, 13, 26, 36, and 49 are each indefinite where they each first refer to an “assembly accommodating syringes of different sizes” and later refer to structures which are structured and arranged to receive “a syringe”. This renders the claims indefinite as it is unclear if the syringe is meant to be one of the syringes of different sizes or not; appropriate correction is required to the antecedent basis to clarify if the syringe is meant to be one of the syringes of different sizes.
Claims 36 and 49 are indefinite where they each first recite “the base structured and arranged to receive a syringe having a plunger slidably disposed within a chamber having an outlet, the chamber having a length and a diameter” and subsequently recite “the puller structured and arranged to receive a syringe having a plunger set to extrude a liquid from a chamber, the chamber having a length and a diameter”. It is unclear if the puller is meant to receive a second syringe having characteristics similar to the first syringe, if the puller is meant to be a structure within the base which is specifically required to receive the first syringe, or if only the base is meant to receive the first syringe and the puller is meant to engage with the base (“a puller in sliding engagement with the base” is also required in each of the respective claims). Further, the claims later refer to a third syringe (“a selected syringe”), and it is unclear if this is further meant to be the same syringe or not. Further, the respective claims require that the syringe of the puller is “set to extrude a liquid”, where the method is “to dispense a solution from a syringe”, which further renders the claims unclear.
For the purposes of compact prosecution, Examiner has understood the claim to only require the base to receive a single syringe having the structures as claimed, and there to only be 1 fluidic solution expelled from the syringe.
Claims 2-12, 14-25, 27-35, 37-48 and 50-57 are indefinite due to their dependency on, and thus requirement of the indefinite limitations of, independent claims 1, 13, 26, 36, and 49, respectively.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 25 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 25 is rejected under 35 U.S.C. 112(d) where it requires that the base and the cover are expandable and claim 13 (which claim 25 is dependent on) also requires that the base and the cover are expandable, and thus claim 25 is not further limiting on claim 13 on which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
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 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 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.
Claim(s) 1-57 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sealfon (US 20170087295, henceforth Sealfon) in view of Fenton et al. (US Pat. No. 4681566, henceforth Fenton).
Regarding claim 1, Sealfon discloses a constant force syringe pump assembly (pump assembly 100, fig. 1) accommodating different syringes (see [0105], the syringe can have different flange sizes) comprising: a base (base 128, fig. 1) having a proximal end (proximal end 101, fig. 1) and a distal end (distal end 102, fig. 1), the base structured and arranged to receive a syringe (see [0128], collar 700 receives a flange of a syringe see syringe 800 of fig. 9) having a plunger (see [0128] and see plunger 803 of fig. 9) slidably disposed within a chamber ([0128] and see barrel 801 of fig. 9) having an outlet ([0128] and see outlet tip 804 of fig. 9), the chamber having a length and a diameter (see fig. 9, barrel 801 of syringe 800 has a length and a diameter), the plunger having a head (plunger head 806, fig. 9); a pusher (pusher 200, fig. 5) in sliding engagement with the base ([0125]), the pusher structured and arranged to contact the head of the plunger ([0004]); a puller (puller 300, fig. 1) in sliding engagement with the base (see [0125]); an adjustable driver (tape spring as in [0143]) structured and arranged to provide a constant force between the pusher and the puller ([0012] and [0103]); whereby slidably moving the puller distally when the syringe is seated in the base causes the pusher to contact and exert a substantially constant force specific for the size of the chamber on the head of the plunger (see [0004]), the constant force sufficient to move the plunger of the syringe (see [0104]); and a cover (cover 500, fig. 1) connected to the base (see fig. 1), a linkage (first linkage 400, fig. 1) coupled between the cover and the puller ([0127]) and structured and arranged to translate the opening of the cover to the movement of the puller and pusher towards the proximal end ([0006]), and the closing of the cover when the syringe has been disposed engages the pusher against the plunger ([0006]-[0007]) and moves the puller towards the distal end (see [0006]-[0007]) and engages the adjustable driver (see [0006]-[0007]). Sealfon additionally discloses an arrangement with multiple springs used to provide the constant force with the springs providing varying forces ([0103]).
Sealfon does not explicitly disclose that its assembly is configured for use with different volume syringes, nor does it disclose its assembly comprising a sizer structured and arranged to determine the size of the chamber, nor does it disclose the constant force being adjustably selected for the size of the chamber among multiple size options. Fenton teaches a pump assembly (assembly of fig. 2) configured to work with syringes of different sizes (see Col. 2 lines 31-45) where the different sized syringes have different volumes of their respective chambers (see Col. 2 lines 31-45 and see Col. 7 line 45 – Col. 8 line 64) and where the assembly comprises a sizer (assembly of figs. 5 and 6) structured and arranged to determine the size of the chamber (see Col. 7 line 45 – Col. 8 line 64, selector member 58 of the assembly is structured and arranged as claimed) with the assembly providing a constant force (see Col. 2 line 19-30) which has been adjustably selected for the size of the chamber among multiple size options (see Col. 2 line 19-45).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the sizer and force selecting functionality of Fenton to the assembly of Sealfon for allowing the device to work with multiple sizes of syringes (see Fenton Col. 2 lines 31-45) and for allowing for different forces to be able to be provided to the different syringes depending on the particular syringe geometry (see Fenton Col. 2 lines 31-45).
{All subsequent references are to Sealfon unless otherwise noted.}
Regarding claim 2, Sealfon as modified discloses the pump of claim 1 wherein the adjustable driver includes a plurality of different springs (see [0103]), each spring having a first end (second end portion of [0006]) and a second end (first end portion of [0006]), the first end of each spring connected to the pusher ([0006]), the second end of each spring selectively attached to the puller (see [0006], and in the modified device, the springs are selectively connected to allow for different sizes as claimed), the selection of at least one selectively attached spring from the plurality of springs based on the size of the chamber (see modification made above and see Fenton Col. 2 lines 31-45, the force provided from the springs is based on the geometry of the syringe which is the size of the chamber as claimed).
Regarding claim 3, Sealfon as modified discloses the pump of claim 2 wherein the selection of selectively attached springs ensures a pre-determined constant force appropriate to the size of the chamber is exerted upon the syringe disposed within the pump enclosure assembly (see [0043] and [0103]).
Regarding claim 4, Sealfon as modified discloses the pump of claim 2 wherein the pre-determined constant force appropriate to the size of the chamber ensures an outflow rate from the syringe chamber does not exceed a pre-determined rate (see at least [0043]).
Regarding claim 5, Sealfon as modified discloses the pump of claim 2 wherein there at least two different springs (see [0103], multiple springs are disclosed, and see modification made with Fenton above).
Regarding claim 6, Sealfon as modified discloses the pump of claim 1 wherein the cover is pivotally connected to the proximal end of the base (see [0005] and fig. 1), the linkage pivotally coupling the cover and the puller ([0006]).
Regarding claim 7, Sealfon as modified discloses the pump of claim 1 wherein the size of the chamber is determined by the length (see fig. 9, the chamber is a cylinder which has a size which is a volume which is determined by length and diameter).
Regarding claim 8, Sealfon as modified discloses the pump of claim 1 wherein the size of the chamber is determined by the diameter (see fig. 9, the chamber is a cylinder which has a size which is a volume which is determined by length and diameter).
Regarding claim 9, Sealfon as modified discloses the pump of claim 1 wherein the adjustable constant force selected is between about 1 to 25 pounds of force (see [0103]).
Regarding claim 10, Sealfon as modified discloses the pump of claim 1 wherein the pump is structured and arranged to accommodate a syringe having a volume of at least 5 milliliters and no more than 120 milliliters (see [0133], the pump can be arranged for a syringe having a volume of 20 mL).
Regarding claim 11, Sealfon as modified discloses the pump of claim 1 wherein the sizer is a mechanical system (see Fenton figs. 5 and 6) comprising: a plurality of levers (see Fenton fig. 6A, shoulder screws 56 and 57 are considered to be a plurality of levers where they are each pieces which project within their respective slots 56a and 57a by which the sizer mechanism is operated, and Merriam Webster defines a lever to be “a projecting piece by which a mechanism is operated or adjusted”), each lever corresponding to a different spring (see Fenton fig. 5, respective shoulder screws 56 and 57); and a selector (see Fenton selector member 58, fig. 6), the selector being movable between a first position to a second position established by the size of the chamber (see Fenton figs. 6A and 6B), the sliding of the selector from the first position to the second position causing one or more of the levers to engage one or more of the springs (see Fenton Col. 8 lines 19-64), thereby selectively attaching one or more springs to the puller (see Fenton Col. 8 lines 19-64).
Regarding claim 12, Sealfon as modified discloses the pump of claim 1 wherein the base and the cover are expandable ([0006]).
Regarding claim 13, Sealfon discloses a constant force syringe pump assembly (pump assembly 100, fig. 1) accommodating different syringes (see [0105], the syringe can have different flange sizes) comprising: an expandable base (base 128, fig. 1, which is expandable as in [0006]) having a proximal end (proximal end 101, fig. 1) and a distal end (distal end 102, fig. 1), the base comprising: a first base section (first base section 103, fig. 1) and a second base section (second base section 104, fig. 1), wherein the first base section is in sliding engagement with the second base section ([0119]) such that the first base section and the second base section are slidably movable relative to each other ([0119]) between a compacted position and an expanded position ([0119]), wherein the base in the expanded position is adapted to seat a syringe ([0004] and see syringe 800 of fig. 9) having a plunger (see [0128] and see plunger 803 of fig. 9) slidably disposed within a chamber ([0128] and see barrel 801 of fig. 9) having an outlet ([0128] and see outlet tip 804 of fig. 9), the chamber having a length and a diameter (see fig. 9, barrel 801 of syringe 800 has a length and a diameter), the plunger having a head (plunger head 806, fig. 9); a pusher (pusher 200, fig. 5) in sliding engagement with the base ([0125]), wherein the pusher is dimensioned to contact the head of the plunger ([0004]); a puller (puller 300, fig. 1) in sliding engagement with the base (see [0125]); an adjustable driver (tape spring as in [0143]) structured and arranged to provide a constant force between the pusher and the puller ([0012] and [0103]); whereby slidably moving the puller distally when the syringe is seated in the base causes the pusher to contact and exert a substantially constant force specific for the size of the chamber on the head of the plunger (see [0004]), the constant force sufficient to move the plunger of the syringe (see [0104]); and an expandable cover (cover 500, fig. 1, which is expandable as in [0006]) pivotally connected to the proximal end of the base (see [0005] and fig. 1), a linkage (first linkage 400, fig. 1) pivotally coupled between the cover and the puller ([0127]) and structured and arranged to translate the opening of the cover to the movement of the puller and pusher towards the proximal end ([0006]), and the closing of the cover when the syringe has been disposed engages the pusher against the plunger ([0006]-[0007]) and moves the puller towards the distal end ([0006]-[0007]) and engages the adjustable driver ([0006]-[0007]). Sealfon additionally discloses an arrangement with multiple springs used to provide the constant force with the springs providing varying forces ([0103]).
Sealfon does not explicitly disclose that its assembly is configured for use with different volume syringes, nor does it disclose its assembly comprising a sizer structured and arranged to determine the size of the chamber, nor does it disclose the constant force being adjustably selected for the size of the chamber among multiple size options. Fenton teaches a pump assembly (assembly of fig. 2) configured to work with syringes of different sizes (see Col. 2 lines 31-45) where the different sized syringes have different volumes of their respective chambers (see Col. 2 lines 31-45 and see Col. 7 line 45 – Col. 8 line 64) and where the assembly comprises a sizer (assembly of figs. 5 and 6) structured and arranged to determine the size of the chamber (see Col. 7 line 45 – Col. 8 line 64, selector member 58 of the assembly is structured and arranged as claimed) with the assembly providing a constant force (see Col. 2 line 19-30) which has been adjustably selected for the size of the chamber among multiple size options (see Col. 2 line 19-45).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the sizer and force selecting functionality of Fenton to the assembly of Sealfon for allowing the device to work with multiple sizes of syringes (see Fenton Col. 2 lines 31-45) and for allowing for different forces to be able to be provided to the different syringes depending on the particular syringe geometry (see Fenton Col. 2 lines 31-45).
{All subsequent references are to Sealfon unless otherwise noted.}
Regarding claim 14, Sealfon as modified discloses the pump of claim 13 wherein the adjustable driver includes a plurality of different springs (see [0103]), each spring having a first end (second end portion of [0006]) and a second end (first end portion of [0006]), the first end of each spring connected to the pusher ([0006]), the second end of each spring selectively attached to the puller (see [0006], and in the modified device, the springs are selectively connected to allow for different sizes as claimed), the selection of at least one selectively attached spring from the plurality of springs based on the size of the chamber (see modification made above and see Fenton Col. 2 lines 31-45, the force provided from the springs is based on the geometry of the syringe which is the size of the chamber as claimed).
Regarding claim 15, Sealfon as modified discloses the pump of claim 14 wherein the selection of selectively attached springs ensures a pre-determined constant force appropriate to the size of the chamber is exerted upon the syringe disposed within the pump enclosure assembly (see [0043] and [0103]).
Regarding claim 16, Sealfon as modified discloses the pump of claim 14 wherein the pre-determined constant force appropriate to the size of the chamber ensures an outflow rate from the syringe chamber does not exceed a pre-determined rate (see at least [0043]).
Regarding claim 17, Sealfon as modified discloses the pump of claim 14 wherein there at least two different springs (see [0103], multiple springs are disclosed, and see modification made with Fenton above).
Regarding claim 18, Sealfon as modified discloses the pump of claim 13 wherein the cover is pivotally connected to the proximal end of the base (see [0005] and fig. 1), the linkage pivotally coupling the cover and the puller ([0006]).
Regarding claim 19, Sealfon as modified discloses the pump of claim 13 wherein the cover is slidably connected to the base ([0006]), the linkage slidably coupling the cover and the puller ([0012]).
Regarding claim 20, Sealfon as modified discloses the pump of claim 13 wherein the size of the chamber is determined by the length (see fig. 9, the chamber is a cylinder which has a size which is a volume which is determined by length and diameter).
Regarding claim 21, Sealfon as modified discloses the pump of claim 13 wherein the size of the chamber is determined by the diameter (see fig. 9, the chamber is a cylinder which has a size which is a volume which is determined by length and diameter).
Regarding claim 22, Sealfon as modified discloses the pump of claim 13 wherein the adjustable constant force selected is between about 1 to 25 pounds of force (see [0103]).
Regarding claim 23, Sealfon as modified discloses the pump of claim 13 wherein the pump is structured and arranged to accommodate a syringe having a volume of at least 5 milliliters and no more than 120 milliliters (see [0133], the pump can be arranged for a syringe having a volume of 20 mL).
Regarding claim 24, Sealfon as modified discloses the pump of claim 13 wherein the sizer is a mechanical system (see Fenton figs. 5 and 6) comprising: a plurality of levers (see Fenton fig. 6A, shoulder screws 56 and 57 are considered to be a plurality of levers where they are each pieces which project within their respective slots 56a and 57a by which the sizer mechanism is operated, and Merriam Webster defines a lever to be “a projecting piece by which a mechanism is operated or adjusted”), each lever corresponding to a different spring (see Fenton fig. 5, respective shoulder screws 56 and 57); and a selector (see Fenton selector member 58, fig. 6), the selector being movable between a first position to a second position established by the size of the chamber (see Fenton figs. 6A and 6B), the sliding of the selector from the first position to the second position causing one or more of the levers to engage one or more of the springs (see Fenton Col. 8 lines 19-64), thereby selectively attaching one or more springs to the puller (see Fenton Col. 8 lines 19-64).
Regarding claim 25, Sealfon as modified discloses the pump of claim 13 wherein the base and the cover are expandable ([0006]).
Regarding claim 26, Sealfon discloses a constant force syringe pump assembly (pump assembly 100, fig. 1) accommodating different syringes (see [0105], the syringe can have different flange sizes) comprising: a base (base 128, fig. 1) having a proximal end (proximal end 101, fig. 1) and a distal end (distal end 102, fig. 1), the base structured and arranged to receive a syringe (see [0128], collar 700 receives a flange of a syringe, and see syringe 800 of fig. 9) having a plunger (see [0128] and see plunger 803 of fig. 9) slidably disposed within a chamber ([0128] and see barrel 801 of fig. 9) having an outlet ([0128] and see outlet tip 804 of fig. 9), the chamber having a length and a diameter (see fig. 9, barrel 801 of syringe 800 has a length and a diameter), the plunger having a head (plunger head 806, fig. 9); a pusher (pusher 200, fig. 5) in sliding engagement with the base ([0125]), the pusher structured and arranged to contact the head of the plunger ([0004]); a puller (puller 300, fig. 1) in sliding engagement with the base (see [0125]); a plurality of different springs (see [0103]), each spring having a first end (second end portion of [0006]) and a second end (first end portion of [0006]), the first end of each spring connected to the pusher ([0006]), the second end of each spring attached to the puller (see [0006]); whereby slidably moving the puller distally when the syringe is seated in the base causes the pusher to contact and exert a substantially constant force specific for the size of the chamber on the head of the plunger (see [0004]), the constant force sufficient to move the plunger of the syringe (see [0104]); and a cover (cover 500, fig. 1) pivotally connected to the proximal end of the base (see [0005] and fig. 1), a linkage (first linkage 400, fig. 1) pivotally coupled between the cover and the puller ([0127]) and structured and arranged to translate the opening of the cover to the movement of the puller and pusher towards the proximal end ([0006]), and the closing of the cover when the syringe has been disposed engages the pusher against the plunger ([0006]-[0007]) and moves the puller towards the distal end ([0006]-[0007]) and tensions the at least one selectively attached spring ([0006]-[0007]); wherein the base and cover enclose the chamber body (see figs. 9 and 10), the at least one selectively attached spring, puller and pusher are structured and arranged to provide the constant force r to the plunger of the syringe providing a pressure pump (see at least [0006]-[0007]).
Sealfon does not explicitly disclose that its assembly is configured for use with different volume syringes, nor does it disclose its assembly comprising a sizer structured and arranged to determine the size of the chamber, nor does it disclose the constant force coming from selective attachments of the springs to the puller and pusher, with the selection being adjustably selected for the size of the chamber among multiple size options. Fenton teaches a pump assembly (assembly of fig. 2) configured to work with syringes of different sizes (see Col. 2 lines 31-45) where the different sized syringes have different volumes of their respective chambers (see Col. 2 lines 31-45 and see Col. 7 line 45 – Col. 8 line 64) and where the assembly comprises a sizer (assembly of figs. 5 and 6) structured and arranged to determine the size of the chamber (see Col. 7 line 45 – Col. 8 line 64, selector member 58 of the assembly is structured and arranged as claimed) with the assembly providing a constant force (see Col. 2 line 19-30) which has been adjustably selected for the size of the chamber among multiple size options (see Col. 2 line 19-45) based on the selective attachment of the plurality of springs (Col. 8 lines 19-64).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the sizer and force selecting functionality of Fenton to the assembly of Sealfon for allowing the device to work with multiple sizes of syringes (see Fenton Col. 2 lines 31-45) and for allowing for different forces to be able to be provided to the different syringes depending on the particular syringe geometry (see Fenton Col. 2 lines 31-45).
{All subsequent references are to Sealfon unless otherwise noted.}
Regarding claim 27, Sealfon as modified discloses the pump of claim 26 wherein the selection of selectively attached springs ensures a pre-determined constant force appropriate to the size of the chamber is exerted upon the syringe disposed within the pump enclosure assembly (see [0043] and [0103]).
Regarding claim 28, Sealfon as modified discloses the pump of claim 26 wherein the pre-determined constant force appropriate to the size of the chamber ensures an outflow rate from the syringe chamber does not exceed a pre-determined rate (see at least [0043]).
Regarding claim 29, Sealfon as modified discloses the pump of claim 26 wherein the size of the chamber is determined by the length (see fig. 9, the chamber is a cylinder which has a size which is a volume which is determined by length and diameter).
Regarding claim 30, Sealfon as modified discloses the pump of claim 26 wherein the size of the chamber is determined by the diameter (see fig. 9, the chamber is a cylinder which has a size which is a volume which is determined by length and diameter).
Regarding claim 31, Sealfon as modified discloses the pump of claim 26 wherein the adjustable constant force selected is between about 1 to 25 pounds of force (see [0103]).
Regarding claim 32, Sealfon as modified discloses the pump of claim 26 wherein the pump is structured and arrange to accommodate a syringe having a volume of at least 5 milliliters and no more than 120 milliliters (see [0133], the pump can be arranged for a syringe having a volume of 20 mL).
Regarding claim 33, Sealfon as modified discloses the pump of claim 26 wherein there at least two different springs (see [0103], multiple springs are disclosed, and see modification made with Fenton above).
Regarding claim 34, Sealfon as modified discloses the pump of claim 26 wherein the sizer is a mechanical system (see Fenton figs. 5 and 6) comprising: a plurality of levers (see Fenton fig. 6A, shoulder screws 56 and 57 are considered to be a plurality of levers where they are each pieces which project within their respective slots 56a and 57a by which the sizer mechanism is operated, and Merriam Webster defines a lever to be “a projecting piece by which a mechanism is operated or adjusted”), each lever corresponding to a different spring (see Fenton fig. 5, respective shoulder screws 56 and 57); and a selector (see Fenton selector member 58, fig. 6), the selector being movable between a first position to a second position established by the size of the chamber (see Fenton figs. 6A and 6B), the sliding of the selector from the first position to the second position causing one or more of the levers to engage one or more of the springs (see Fenton Col. 8 lines 19-64), thereby selectively attaching one or more springs to the puller (see Fenton Col. 8 lines 19-64).
Regarding claim 35, Sealfon as modified discloses the pump of claim 26 wherein the base and the cover are expandable ([0006]).
Regarding claim 36, Sealfon discloses a method for using a constant force syringe pump enclosure assembly (assembly of fig. 9) accommodating different syringes (see [0105], the syringe can have different flange sizes) to dispense a solution from a syringe (fluid contents of [0004]), comprising: providing a pump enclosure (pump assembly 100, fig. 1) comprising: a base (base 128, fig. 1) having a proximal end (proximal end 101, fig. 1) and a distal end (distal end 102, fig. 1), the base structured and arranged to receive a syringe (see [0128], collar 700 receives a flange of a syringe, and see syringe 800 of fig. 9) having a plunger (see [0128] and see plunger 803 of fig. 9) slidably disposed within a chamber ([0128] and see barrel 801 of fig. 9) having an outlet ([0128] and see outlet tip 804 of fig. 9), the chamber having a length and a diameter (see fig. 9, barrel 801 of syringe 800 has a length and a diameter), the plunger having a head (plunger head 806, fig. 9); a pusher (pusher 200, fig. 5) in sliding engagement with the base ([0125]), the pusher structured and arranged to contact the head of the plunger ([0004]); a puller (puller 300, fig. 1) in sliding engagement with the base (see [0125]); an adjustable driver (tape spring as in [0143]) structured and arranged to provide a constant force between the pusher and the puller ([0012] and [0103]); whereby slidably moving the puller distally when the syringe is seated in the base causes the pusher to contact and exert a substantially constant force specific for the size of the chamber on the head of the plunger (see [0004]), the constant force sufficient to move the plunger of the syringe (see [0104]); and an expandable cover (cover 500, fig. 1, which is expandable as in [0006]) connected to the proximal end of the base (see fig. 1), a linkage (first linkage 400, fig. 1) coupled between the cover and the puller ([0127]) and structured and arranged to translate the opening of the cover to the movement of the puller and pusher towards the proximal end ([0006]), and the closing of the cover when the syringe has been disposed engages the pusher against the plunger ([0006]-[0007]) and moves the puller towards the distal end and engages the adjustable driver ([0006]-[0007]); wherein the expandable base and expandable cover enclose the chamber body (see figs. 9 and 10), the adjustable driver, puller and pusher are structured and arranged to provide force to the plunger of the syringe providing a pressure pump (see [0043]); opening the expandable cover of the pump enclosure (see [0099] and [0124]); seating a selected syringe within the expandable base (see [0124] and [0134]), selectively engaging adjustable driver ([0006]-[0007]); and closing the expandable cover to engage the pusher against the plunger of the selected syringe (see [0006]-[0007]). Sealfon additionally discloses an arrangement with multiple springs used to provide the constant force with the springs providing varying forces ([0103]).
Sealfon does not explicitly disclose that its assembly is configured for use with different volume syringes, nor does it disclose its assembly comprising a sizer structured and arranged to determine the size of the chamber which is used to size the syringe, nor does it disclose the constant force being adjustably selected for the specific length of the chamber among multiple size options. Fenton teaches a pump assembly (assembly of fig. 2) configured to work with syringes of different sizes (see Col. 2 lines 31-45) where the different sized syringes have different volumes of their respective chambers (see Col. 2 lines 31-45 and see Col. 7 line 45 – Col. 8 line 64) and where the assembly comprises a sizer (assembly of figs. 5 and 6) structured and arranged to determine the size of the chamber (see Col. 7 line 45 – Col. 8 line 64, selector member 58 of the assembly is structured and arranged as claimed) with the assembly providing a constant force (see Col. 2 line 19-30) which has been adjustably selected for the size of the chamber among multiple size options (see Col. 2 line 19-45).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the sizer and force selecting functionality of Fenton to the assembly of Sealfon for allowing the device to work with multiple sizes of syringes (see Fenton Col. 2 lines 31-45) and for allowing for different forces to be able to be provided to the different syringes depending on the particular syringe geometry (see Fenton Col. 2 lines 31-45).
{All subsequent references are to Sealfon unless otherwise noted.}
Regarding claim 37, Sealfon as modified discloses the method of claim 36 wherein the adjustable driver includes a plurality of different springs (see [0103]), each spring having a first end (second end portion of [0006]) and a second end (first end portion of [0006]), the first end of each spring connected to the pusher ([0006]), the second end of each spring selectively attached to the puller (see [0006], and in the modified device, the springs are selectively connected to allow for different sizes as claimed), the selection of at least one selectively attached spring from the plurality of springs based on the size of the chamber (see modification made above and see Fenton Col. 2 lines 31-45, the force provided from the springs is based on the geometry of the syringe which is the size of the chamber as claimed).
Regarding claim 38, Sealfon as modified discloses the method of claim 36 wherein the selection of selectively attached springs ensures a pre-determined constant force appropriate to the size of the chamber is exerted upon the syringe disposed within the pump enclosure assembly (see [0043] and [0103]).
Regarding claim 39, Sealfon as modified discloses the method of claim 36 wherein the pre-determined constant force appropriate to the size of the chamber ensures an outflow rate from the syringe chamber does not exceed a pre-determined rate (see at least [0043]).
Regarding claim 40, Sealfon as modified discloses the method of claim 36 wherein there at least two different springs (see [0103], multiple springs are disclosed, and see modification made with Fenton above).
Regarding claim 41, Sealfon as modified discloses the method of claim 36 wherein the cover is pivotally connected to the proximal end of the base (see [0005] and fig. 1), the linkage pivotally coupling the cover and the puller ([0006]).
Regarding claim 42, Sealfon as modified discloses the method of claim 36 wherein the cover is slidably connected to the base ([0006]), the linkage slidably coupling the cover and the puller ([0012]).
Regarding claim 43, Sealfon as modified discloses the method of claim 36 wherein the size of the chamber is determined by the length (see fig. 9, the chamber is a cylinder which has a size which is a volume which is determined by length and diameter).
Regarding claim 44, Sealfon as modified discloses the method of claim 36 wherein the size of the chamber is determined by the diameter (see fig. 9, the chamber is a cylinder which has a size which is a volume which is determined by length and diameter).
Regarding claim 45, Sealfon as modified discloses the method of claim 36 wherein the adjustable constant force selected is between about 1 to 25 pounds of force (see [0103]).
Regarding claim 46, Sealfon as modified discloses the method of claim 36 wherein the pump is structured and arranged to accommodate a syringe having a volume of at least 5 milliliters and no more than 120 milliliters (see [0133], the pump can be arranged for a syringe having a volume of 20 mL).
Regarding claim 47, Sealfon as modified discloses the method of claim 36 wherein the sizer is a mechanical system (see Fenton figs. 5 and 6) comprising: a plurality of levers (see Fenton fig. 6A, shoulder screws 56 and 57 are considered to be a plurality of levers where they are each pieces which project within their respective slots 56a and 57a by which the sizer mechanism is operated, and Merriam Webster defines a lever to be “a projecting piece by which a mechanism is operated or adjusted”), each lever corresponding to a different spring (see Fenton fig. 5, respective shoulder screws 56 and 57); and a selector (see Fenton selector member 58, fig. 6), the selector being movable between a first position to a second position established by the size of the chamber (see Fenton figs. 6A and 6B), the sliding of the selector from the first position to the second position causing one or more of the levers to engage one or more of the springs (see Fenton Col. 8 lines 19-64), thereby selectively attaching one or more springs to the puller (see Fenton Col. 8 lines 19-64).
Regarding claim 48, Sealfon as modified discloses the method of claim 36 wherein the base and the cover are expandable ([0006]).
Regarding claim 49, Sealfon discloses a method for using a constant force syringe pump enclosure assembly (assembly of fig. 9) accommodating different syringes (see [0105], the syringe can have different flange sizes) to dispense a solution from a syringe (fluid contents of [0004]), comprising: providing a pump enclosure (pump assembly 100, fig. 1) comprising: a base (base 128, fig. 1) having a proximal end (proximal end 101, fig. 1) and a distal end (distal end 102, fig. 1), the base structured and arranged to receive a syringe (see [0128], collar 700 receives a flange of a syringe, and see syringe 800 of fig. 9) having a plunger (see [0128] and see plunger 803 of fig. 9) slidably disposed within a chamber ([0128] and see barrel 801 of fig. 9) having an outlet ([0128] and see outlet tip 804 of fig. 9), the chamber having a length and a diameter (see fig. 9, barrel 801 of syringe 800 has a length and a diameter), the plunger having a head (plunger head 806, fig. 9); a pusher (pusher 200, fig. 5) in sliding engagement with the base ([0125]), the pusher structured and arranged to contact the head of the plunger ([0004]); a puller (puller 300, fig. 1) in sliding engagement with the base (see [0125]); a plurality of different springs (two or more different springs as in [0103]), each spring having a first end (second end portion of [0006]) and a second end (first end portion of [0006]), the first end of each spring connected to the pusher ([0006]), the second end of each spring attached to the puller ([0006]); whereby slidably moving the puller distally when the syringe is seated in the base causes the pusher to contact and exert a substantially constant force specific for the size of the chamber on the head of the plunger (see [0004]), the constant force sufficient to move the plunger of the syringe (see [0104]); and an expandable cover (cover 500, fig. 1, which is expandable as in [0006]) pivotally connected to the proximal end of the base (see [0005] and fig. 1), a linkage (first linkage 400, fig. 1) pivotally coupled between the cover and the puller ([0127]) and structured and arranged to translate the opening of the cover to the movement of the puller and pusher towards the proximal end ([0006]), and the closing of the cover when the syringe has been disposed engages the pusher against the plunger ([0006]-[0007]) and moves the puller towards the distal end ([0006]-[0007]) and tensions the at least one selectively attached spring ([0006]-[0007]); wherein the expandable base and expandable cover enclose the chamber body (see figs. 9 and 10), the at least one selectively attached spring, puller and pusher are structured and arranged to provide force to the plunger of the syringe providing a pressure pump (see [0043]); opening the expandable cover of the pump enclosure (see [0099] and [0124]); seating a selected syringe within the expandable base (see [0124] and [0134]), the determined size selectively engaging at least one spring from the plurality of springs ([0006]-[0007]); and closing the expandable cover to engage the pusher against the plunger of the selected syringe (see [0006]-[0007]). Sealfon additionally discloses an arrangement with multiple springs used to provide the constant force with the springs providing varying forces ([0103]).
Sealfon does not explicitly disclose that its assembly is configured for use with different volume syringes, nor does it disclose its assembly comprising a sizer structured and arranged to determine the size of the chamber which is used to size the syringe, nor does it disclose the constant force coming from selective attachments of the springs to the puller and pusher, with the selection being adjustably selected for the size of the chamber among multiple size options. Fenton teaches a pump assembly (assembly of fig. 2) configured to work with syringes of different sizes (see Col. 2 lines 31-45) where the different sized syringes have different volumes of their respective chambers (see Col. 2 lines 31-45 and see Col. 7 line 45 – Col. 8 line 64) and where the assembly comprises a sizer (assembly of figs. 5 and 6) structured and arranged to determine the size of the chamber (see Col. 7 line 45 – Col. 8 line 64, selector member 58 of the assembly is structured and arranged as claimed) with the assembly providing a constant force (see Col. 2 line 19-30) which has been adjustably selected for the size of the chamber among multiple size options (see Col. 2 line 19-45) based on the selective attachment of the plurality of springs (Col. 8 lines 19-64).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the sizer and force selecting functionality of Fenton to the assembly of Sealfon for allowing the device to work with multiple sizes of syringes (see Fenton Col. 2 lines 31-45) and for allowing for different forces to be able to be provided to the different syringes depending on the particular syringe geometry (see Fenton Col. 2 lines 31-45).
{All subsequent references are to Sealfon unless otherwise noted.}
Regarding claim 50, Sealfon as modified discloses the method of claim 49 wherein the selection of selectively attached springs ensures a pre-determined constant force appropriate to the size of the chamber is exerted upon the syringe disposed within the pump enclosure assembly (see [0043] and [0103]).
Regarding claim 51, Sealfon as modified discloses the method of claim 49 wherein the pre-determined constant force appropriate to the size of the chamber ensures an outflow rate from the syringe chamber does not exceed a pre-determined rate (see at least [0043]).
Regarding claim 52, Sealfon as modified discloses the method of claim 49 wherein the size of the chamber is determined by the length (see fig. 9, the chamber is a cylinder which has a size which is a volume which is determined by length and diameter).
Regarding claim 53, Sealfon as modified discloses the method of claim 49 wherein the size of the chamber is determined by the diameter (see fig. 9, the chamber is a cylinder which has a size which is a volume which is determined by length and diameter).
Regarding claim 54, Sealfon as modified discloses the method of claim 49 wherein the adjustable constant force selected is between about 1 to 25 pounds of force (see [0103]).
Regarding claim 55, Sealfon as modified discloses the method of claim 49 wherein the pump is structured and arranged to accommodate a syringe having a volume of at least 5 milliliters and no more than 120 milliliters (see [0133], the pump can be arranged for a syringe having a volume of 20 mL).
Regarding claim 56, Sealfon as modified discloses the method of claim 49 wherein there at least two different springs (see [0103], multiple springs are disclosed, and see modification made with Fenton above).
Regarding claim 57, Sealfon as modified discloses the method of claim 49 wherein the sizer is a mechanical system (see Fenton figs. 5 and 6) comprising: a plurality of levers (see Fenton fig. 6A, shoulder screws 56 and 57 are considered to be a plurality of levers where they are each pieces which project within their respective slots 56a and 57a by which the sizer mechanism is operated, and Merriam Webster defines a lever to be “a projecting piece by which a mechanism is operated or adjusted”), each lever corresponding to a different spring (see Fenton fig. 5, respective shoulder screws 56 and 57); and a selector (see Fenton selector member 58, fig. 6), the selector being movable between a first position to a second position established by the size of the chamber (see Fenton figs. 6A and 6B), the sliding of the selector from the first position to the second position causing one or more of the levers to engage one or more of the springs (see Fenton Col. 8 lines 19-64), thereby selectively attaching one or more springs to the puller (see Fenton Col. 8 lines 19-64).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kleeman et al. (US Pat. No. 6669668) is considered relevant prior art where it discloses use of a spring to provide a constant force to inject a solution into a patient.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL J MARRISON whose telephone number is (703)756-1927. The examiner can normally be reached M-F 7:00a-3:30p ET.
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/SAMUEL J MARRISON/Examiner, Art Unit 3783 /EMILY L SCHMIDT/Primary Examiner, Art Unit 3783
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