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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/15/2026 has been entered.
Preliminary Remarks
The amendment filed on 09/15/2026 has been entered. Claims 1-10 were previously canceled, claim 17 is currently canceled, claim 11 is amended, and no other claims have been added. Therefore, claims 11-16 and 18-20 remain pending in the application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/15/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
(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 11-16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN107183005A-Bordisak et al. (hereinafter, Bordisak, all citations are made to the English machine translation).
Regarding claim 11, Bordisak discloses an invention relating to the management of donor organs and particularly to an apparatus and method of organ perfusion (pg. 1, paragraph 1). Further, Bordisak discloses the donor organ is a pair of lungs (pg. 3, paragraph 15). Bordisak discloses a transport container (device 100 includes disposable 108, pg. 4, paragraph 3) configured to receive a lung (organ 104, pg. 4, paragraph 3) and preserve the lung via static hypothermic preservation (Bordisak discloses supplying as protection solution to the organ through the infusion port, page 14, paragraph 10, line 1. Further, Bordisak discloses module 324 may also be configured to control the temperature of the perfusion fluid, page 5, paragraph 8, line 5; page 11, paragraph 6, lines 4-5);
“a lung adapter configured to seal to an airway of the lung;” (catheter 608-3, pg. 8, paragraph 6; pg. 10, paragraph 1).
“a gas source containing gas comprising oxygen;”: Bordisak discloses that the ventilation circuit is configured to connect the organ 104 and ventilator 600 which supplies gas to the ventilator 600, such as pure oxygen, air, or the like (pg. 9, paragraph 4).
“a pump configured to deliver the gas comprising oxygen in a first direction from the gas source to the airway of the lung through the lung adapter to inflate the lung;”: Bordisak discloses that the ventilation circuit is configured to connect the organ 104 and ventilator 600 which supplies gas to the ventilator 600, such as pure oxygen, air, or the like (pg. 9, paragraph 4).
“and a gas exhaust in fluid communication with the lung adapter, the gas exhaust configured to allow gas comprising carbon dioxide to exit from the airway of the lung in a second direction through the lung adapter to deflate the lung,”: Bordisak discloses an exhaust valve 612 in communication with the vent circuit (pg. 10, paragraph 1, line 1), where the exhaust valve 612 is capable of performing the function of deflating the lung.
“wherein the pump and the gas exhaust are configured to cyclically inflate and deflate the lung during ex-vivo preservation such that gas exiting the lung through the lung adapter has a lower oxygen concentration than the gas delivered to the lung through the lung adapter,”: Bordisak discloses an exhaust valve 612 in communication with the vent circuit (pg. 10, paragraph 1, line 1), where the exhaust valve 612 is capable of inflating and deflating the lung. Further, Bordisak discloses an adapter (catheter 608-3, discussed above).
“wherein the pump and the gas exhaust are configured to cyclically inflate and deflate the lung with a frequency of turning the pump on and off at a rate based at least partially on an oxygen consumption rate of the lung.”: Bordisak discloses a ventilator 600 and an exhaust valve 612 in communication with the vent circuit (pg. 10, paragraph 1, line 1), where the exhaust valve 612 is capable of inflating and deflating the lung. Further, Bordisak discloses an adapter (catheter 608-3, discussed above.
Regarding claim 12, Bordisak discloses a sensor (oxygen partial pressure sensor 346, pg. 7, paragraph 2) configured to measure an oxygen concentration in the lung.
Regarding claim 13, Bordisak discloses a temperature controller (one or more conditioning devices for controlling the temperature, pg. 10, paragraph 1) configured to change a temperature in the transport container based on the oxygen concentration.
Regarding claim 14, Bordisak discloses oxygen sensors of the system (pg. 7, paragraph 2). Also, Bordisak discloses a ventilator, discussed above, which is capable of inflating and deflating.
Regarding claim 15, Bordisak discloses a sensor (oxygen partial pressure sensor 346, pg. 7, paragraph 2) a sensor configured to measure an oxygen consumption rate in the lung.
Regarding claim 16, Bordisak discloses a temperature controller (one or more conditioning devices for controlling the temperature, pg. 10, paragraph 1) configured to change a temperature in the transport container based on the oxygen consumption rate.
Regarding claim 18, Bordisak discloses a sensor (carbon dioxide sensors, pg. 7, paragraph 2) configured to measure a carbon dioxide concentration in the lung.
Regarding claim 19, Bordisak discloses a sensor (one or more conditioning devices for controlling the temperature, pg. 10, paragraph 1) configured to measure a carbon dioxide concentration in the lung.
Regarding claim 20, Bordisak discloses carbon dioxide sensors, pg. 6, paragraph 2. Also, Bordisak also discloses a ventilator, discussed above, which is capable of inflating and deflating.
Therefore, the reference of Bordisak meet the limitations of claims 11-16 and 18-20.
Response to Arguments
Applicant's arguments filed 09/15/2026 have been fully considered but they are not persuasive. Applicant’s arguments begin on the bottom of page 4 of their remarks. Applicant’s remarks are not persuasive since the primary reference, Bordisak, discloses a oxygen sensor, which is capable of measuring oxygen consumption. Also, Bordisak teaches a pump, a gas exhaust, and an oxygen sensor, discussed above in the rejection. The latter elements disclosed in Bordisak are capable of performing the functions of the claimed invention. For the reasons discussed above in this section, as well as in the rejection above, the claims of the instant application stand rejected.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LENORA A. ABEL whose telephone number is (571)272-8270. The examiner can normally be reached Monday-Friday 7:00am-4:00pm.
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/LENORA A ABEL/Examiner, Art Unit 1799
/MICHAEL L HOBBS/Primary Examiner, Art Unit 1799
