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 .
Status of Claims
Claims 1-20 are pending in the application.
Claims 1-20 are examined on the merits.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged.
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.
Claim(s) 1-10 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 1 recites the limitation “perform an extracorporeal blood treatment using the extracorporeal blood treatment apparatus” which is indefinite. It is unclear if the claimed “extracorporeal blood treatment apparatus” same or different from the “extracorporeal blood treatment apparatus” introduced in line 2 of claim 1. The limitation has been examined below as if it read -- perform [[the extracorporeal blood treatment using the extracorporeal blood treatment apparatus --.
Claim(s) 2-10 is/are rejected as being dependent from claim 1 and therefor including all the limitation thereof.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim(s) 1 and 11 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-2 and 5-6 of U.S. Patent No. 12080412 in view of Fletcher-Haynes (US PGPUB 20010034614).
Regarding instant claim 1, claim 1 of the reference patent discloses all the limitations of instant claim 1 except extracorporeal blood treatment apparatus for use in performing an extracorporeal blood treatment comprising: one or more pumps to move at least one of blood and a treatment solution during extracorporeal blood treatment, and one or more reservoirs to store one or more fluids during extracorporeal blood treatment; a plurality of alarms instead of an alarm; and a plurality of alarm regions instead of an alarm region.
Examiner notes that the scope of the claimed “operation region” encompasses “dock region”. Thus, the disclosed “dock region” in the reference patent reads on the claimed “operation region”.
In the same field of endeavor, extracorporeal blood treatment system, Fletcher-Haynes discloses an extracorporeal blood treatment apparatus for use in performing an extracorporeal blood treatment (¶0198-200 and Figs. 7A-B) comprising: one or more pumps to move at least one of blood and a treatment solution during extracorporeal blood treatment (a pump 26: ¶0199 and Fig. 7A), and one or more reservoirs to store one or more fluids during extracorporeal blood treatment (one or more platelet collect bags 38: ¶0200 and Fig. 7A).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the system of the reference patent in view of Fletcher-Haynes by using an extracorporeal blood treatment apparatus as claimed and having a plurality of alarms and a plurality of alarm regions, in order to provide greater efficiency in blood component collection and management, as suggested in ¶0037 of Fletcher-Haynes and as it has been held that the mere duplication of parts has no patentable significance unless a new and unexpected result is produced (see MPEP § 2144.04 (VI) (B)).
Regarding instant claim 1, claim 5 of the reference patent discloses all the limitations of instant claim 1 except extracorporeal blood treatment apparatus for use in performing an extracorporeal blood treatment comprising: one or more pumps to move at least one of blood and a treatment solution during extracorporeal blood treatment, and one or more reservoirs to store one or more fluids during extracorporeal blood treatment; a plurality of alarms instead of an alarm; and a plurality of alarm regions instead of an alarm region.
In the same field of endeavor, extracorporeal blood treatment system, Fletcher-Haynes discloses an extracorporeal blood treatment apparatus for use in performing an extracorporeal blood treatment (¶0198-200 and Figs. 7A-B) comprising: one or more pumps to move at least one of blood and a treatment solution during extracorporeal blood treatment (a pump 26: ¶0199 and Fig. 7A), and one or more reservoirs to store one or more fluids during extracorporeal blood treatment (one or more platelet collect bags 38: ¶0200 and Fig. 7A).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the system of the reference patent in view of Fletcher-Haynes by using an extracorporeal blood treatment apparatus as claimed and having a plurality of alarms and a plurality of alarm regions, in order to provide greater efficiency in blood component collection and management, as suggested in ¶0037 of Fletcher-Haynes and as it has been held that the mere duplication of parts has no patentable significance unless a new and unexpected result is produced (see MPEP § 2144.04 (VI) (B)).
Regarding instant claim 11, claim 2 of the reference patent discloses all the limitations of instant claim 11 except performing an extracorporeal blood treatment using extracorporeal blood treatment apparatus, wherein the extracorporeal blood treatment comprising: one or more pumps to move at least one of blood and a treatment solution during extracorporeal blood treatment, and one or more reservoirs to store one or more fluids during extracorporeal blood treatment; issuing a plurality of alarms instead of an alarm; and displaying a plurality of alarm regions instead of an alarm region.
Examiner notes that the scope of the claimed “operation region” encompasses “dock region”. Thus, the disclosed “dock region” in the reference patent reads on the claimed “operation region”.
In the same field of endeavor, extracorporeal blood treatment system, Fletcher-Haynes discloses an extracorporeal blood treatment apparatus for use in performing an extracorporeal blood treatment (¶0198-200 and Figs. 7A-B) comprising: one or more pumps to move at least one of blood and a treatment solution during extracorporeal blood treatment (a pump 26: ¶0199 and Fig. 7A), and one or more reservoirs to store one or more fluids during extracorporeal blood treatment (one or more platelet collect bags 38: ¶0200 and Fig. 7A).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the system of the reference patent in view of Fletcher-Haynes by using an extracorporeal blood treatment apparatus as claimed and having a plurality of alarms and a plurality of alarm regions, in order to provide greater efficiency in blood component collection and management, as suggested in ¶0037 of Fletcher-Haynes and as it has been held that the mere duplication of parts has no patentable significance unless a new and unexpected result is produced (see MPEP § 2144.04 (VI) (B)). Thus, the reference patent in view of Fletcher-Haynes discloses all method steps for the extracorporeal blood treatment system as claimed.
Regarding instant claim 11, claim 6 of the reference patent discloses all the limitations of instant claim 11 except performing an extracorporeal blood treatment using extracorporeal blood treatment apparatus, wherein the extracorporeal blood treatment comprising: one or more pumps to move at least one of blood and a treatment solution during extracorporeal blood treatment, and one or more reservoirs to store one or more fluids during extracorporeal blood treatment; issuing a plurality of alarms instead of an alarm; and displaying a plurality of alarm regions instead of an alarm region.
In the same field of endeavor, extracorporeal blood treatment system, Fletcher-Haynes discloses an extracorporeal blood treatment apparatus for use in performing an extracorporeal blood treatment (¶0198-200 and Figs. 7A-B) comprising: one or more pumps to move at least one of blood and a treatment solution during extracorporeal blood treatment (a pump 26: ¶0199 and Fig. 7A), and one or more reservoirs to store one or more fluids during extracorporeal blood treatment (one or more platelet collect bags 38: ¶0200 and Fig. 7A).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the system of the reference patent in view of Fletcher-Haynes by using an extracorporeal blood treatment apparatus as claimed and having a plurality of alarms and a plurality of alarm regions, in order to provide greater efficiency in blood component collection and management, as suggested in ¶0037 of Fletcher-Haynes and as it has been held that the mere duplication of parts has no patentable significance unless a new and unexpected result is produced (see MPEP § 2144.04 (VI) (B)). Thus, the reference patent in view of Fletcher-Haynes discloses all method steps for the extracorporeal blood treatment system as claimed.
Allowable Subject Matter
The reasons for indicating allowable subject matter are the same as those presented in the Notice of Allowance Office Action filed on 05/01/2024 of Parent Application number 15/300609 and Patent Board Decision filed on 04/24/2024.
Claims 1-20 contain allowable subject matter which is allowable over prior art; however, claims 1 and 11 stand rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 and 5-6 of U.S. Patent No. 12080412 (see Double Patenting section above). In order to overcome the nonstatutory double patenting rejection, Applicant's reply must include a terminal disclaimer over U.S. Patent No. 12080412.
The closest prior art is Fletcher-Haynes (US PGPUB 20010034614).
Regarding claim 1, Fletcher-Haynes discloses an extracorporeal blood treatment system comprising extracorporeal blood treatment apparatus for use in performing an extracorporeal blood treatment (¶0198-200), a display apparatus, and a computing apparatus (Figs. 2A-6M). Fletcher-Haynes does not disclose the computing apparatus is configured to display, when the plurality of alarms is issued, a plurality of alarm regions simultaneously on the graphical user interface in the dock region, each alarm region of the plurality of alarm regions comprising information relevant to the corresponding issued alarm.
No other prior art fairly suggests the claimed invention in whole or in part, along with teachings/motivations for combining to render the claimed invention obvious.
Therefore, claim 1 and its dependent claims 2-10 are deemed novel and non-obvious over the prior art of record.
Regarding claim 11, Fletcher-Haynes discloses a method for an extracorporeal blood treatment system comprising performing an extracorporeal blood treatment using extracorporeal blood treatment apparatus (¶0198-200 and Figs. 2A-6M). Fletcher-Haynes does not disclose the method step of displaying, when the plurality of alarms is issued, a plurality of alarm regions simultaneously on the graphical user interface in the dock region, each alarm region of the plurality of alarm regions comprising information relevant to the corresponding issued alarm.
No other prior art fairly suggests the claimed invention in whole or in part, along with teachings/motivations for combining to render the claimed invention obvious.
Therefore, claim 11 and its dependent claims 12-20 are deemed novel and non-obvious over the prior art of record.
Conclusion
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/NHU Q. TRAN/Examiner, Art Unit 3781
/SARAH AL HASHIMI/Supervisory Patent Examiner, Art Unit 3781
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