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 .
Response to Amendment
The amendment filed November 13, 2026 has been entered. Claims 1, 2 4-9 and 12-26 remain pending in the application. The previous objection to the specification is withdrawn in light of the Applicant's amendment to the specification. The previous 35 USC 112 rejections of claims 20-21 are withdrawn in light of the Applicant’s amendment to claim 20.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(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 1-2 and 4-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Voyeux et al. (US 2007/0217932 A1; hereinafter Voyeux).
Regarding claim 1, Voyeux discloses a tube bracket [18] for operatively engaging a tube [24] with a peristaltic pump (paragraph 0016: “peristaltic pump”), the tube bracket [18] comprising: a housing [32] defining: a pump cavity (paragraph 0022: “saddle-shaped hollow”) for receiving a roller assembly [8, 10] of the peristaltic pump (paragraph 0016: “peristaltic pump”); and a tube path [25, 34] (see paragraph 0023: "[t]ube 24 rests against lower edge 34") for receiving the tube [24], the tube path [25, 34] extending at least partially circumferentially around the pump cavity (paragraph 0022: “saddle-shaped hollow”); and a part [38, 50] configured to receive a force in a direction radially towards the roller assembly such that, in use, a portion of the tube [24] received in the tube path [25, 34] is biased against the roller assembly [8, 10] of the peristaltic pump (paragraph 0016: “peristaltic pump”) in the pump cavity (paragraph 0022: “saddle-shaped hollow”), wherein the pump cavity (paragraph 0022: “saddle-shaped hollow”) is generally circular in shape, the tube path [25, 34] extends around at least a part of a circumference of the pump cavity (paragraph 0022: “saddle-shaped hollow”), and the tube bracket [18] is configured to be placed over the roller assembly [8, 10] (paragraphs 0016-0031 and Figures 1-5).
Regarding claim 2, Voyeux discloses a tube bracket as claimed in claim 1, wherein the tube path [25, 34] comprises a shoulder portion [34] configured to, in use, position the portion of the tube [24] to be biased closer to the roller assembly [8, 10] than the rest of the tube [24] (paragraphs 0022-0023 and Figures 3-5).
Regarding claim 4, Voyeux discloses a tube bracket as claimed in claim 1, wherein the part [38, 50] configured to receive a force is integrally formed with or attached to the housing [32] (paragraph 0028: “[c]am 32 mounts to biasing member 38 near the tips 27, for example, using the hooks 40”) such that the part [38, 50] configured to receive a force cannot move relative to the housing [32] (paragraphs 0027-0030 and Figures 4-5; wherein the biasing member tips [27] are mounted to the cam [32] via hooks [40] such that the tips do not move relative to the cam [32]).
Regarding claim 5, Voyeux discloses a tube bracket as claimed in claim 1, wherein the part [38, 50] configured to receive a force comprises a protrusion [50] extending outwardly from the housing [32] (paragraph 0027 and Figure 4).
Regarding claim 6, Voyeux discloses a tube bracket as claimed in claim 1, comprising a bracket tab [60] extending outwardly in a radial direction of the pump cavity (paragraph 0022: “saddle-shaped hollow”), wherein the bracket tab [60] is configured to fit into a slot [54] of a housing [22] of the peristaltic pump (paragraph 0016: “peristaltic pump”) when the tube bracket [18] is fitted onto the roller assembly [8, 10] of the peristaltic pump (paragraph 0016: “peristaltic pump”) (paragraphs 0021, 0024-0029, and Figures 3-5).
Regarding claim 7, Voyeux discloses a tube bracket as claimed in claim 1, wherein the tube bracket housing [32] comprises a housing tab [50] extending outwardly in a radial direction of the pump cavity (paragraph 0022: “saddle-shaped hollow”), wherein the housing tab [50] is configured to fit into a slot [54] of a housing [22] of the peristaltic pump (paragraph 0016: “peristaltic pump”) when the tube bracket [18] is fitted onto the roller assembly [8, 10] of the peristaltic pump (paragraph 0016: “peristaltic pump”) (paragraphs 0025, 0027-0030, and Figure 4).
Regarding claim 8, Voyeux discloses a tube assembly (Figure 3) for a liquid distribution system, the tube assembly (Figure 3) comprising: a tube [24] for liquid communication; and a tube bracket [18] as claimed in claim 1 (paragraphs 0016-0031 and Figures 1-5).
Regarding claim 9, Voyeux discloses a tube assembly as claimed in claim 8, wherein the tube [24] is preassembled in the tube bracket [18] (paragraph 0023 and Figure 3; wherein the tube is preassembled in the cassette [18] before use of the pump). Additionally, regarding the limitation that the tube is “preassembled,” product-by-process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps. “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” See MPEP 2113.
Claim 26 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kienholz et al. (US 4,735,558).
Regarding claim 26, Kienholz discloses a method of replacing a tube in a liquid distribution system [10], the method comprising: removing a tube bracket [14] fitted on a roller assembly [22] of a peristaltic pump [12], the tube bracket [14] having a tube [28] received in a tube path [30] thereof and the tube [28] being removed therewith; fitting a new tube bracket [14] onto the roller assembly [22] wherein the new tube bracket [14] comprises a new tube [28] received in a tube path [30] of the new tube bracket [14]; and applying a force (via spring-loaded latching mechanism [26]) to a part [52, 54] of the new tube bracket [14] configured to receive a force in a direction radially towards the roller assembly [22] so as to bias a portion of the new tube [28] against the roller assembly [22]
wherein a housing of the new tube bracket [14] defines a pump cavity (paragraph 0022: “saddle-shaped hollow”) for receiving the roller assembly [22] of the peristaltic pump [12], wherein the pump cavity (paragraph 0022: “saddle-shaped hollow”) is generally circular in shape and the tube path [30] extends around at least part of a circumference of the pump cavity (paragraph 0022: “saddle-shaped hollow”); and wherein fitting the new tube bracket [14] comprises placing the new tube bracket [14] over the roller assembly [22] of the peristaltic pump [12] (col. 3 line 22 – col. 5 line 13 and Figures 1 and 3-4).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 12-15 and 20-24 are rejected under 35 U.S.C. 103 as being unpatentable over Voyeux as applied to claim 8 above, and further in view of Stokkelien et al. (NO 20191106 A1; hereinafter Stokkelien).
Regarding claim 12, Voyeux discloses a liquid distribution system (Figure 3) comprising: a medical applicator device (see paragraph 0003; wherein it is inherent that peristaltic blood pumps include a medical applicator device applied to the tube [24]) for administering liquid; a tube assembly (Figure 3) as claimed in claim 8, wherein the tube [24] is fluidly connected to the medical applicator device; and a peristaltic pump assembly (Figure 2) for effecting a flow of the liquid to the medical applicator device; wherein the tube bracket [18] is fitted onto a roller assembly [8, 10] of the peristaltic pump assembly (Figure 2) (paragraphs 0003, 0016-0031, and Figures 1-5). Voyeux does not disclose a container for containing the liquid to be distributed to the medical applicator device which administers liquid to a user. Stokkelien, however, teaches a similar liquid distribution system (Figure 1) comprising: a medical applicator device [1] for administering liquid to a user; a container [3] for containing the liquid to be distributed to the medical applicator device [1]; a tube assembly, wherein the tube [2, 4] is fluidly connected to the container [3] and the medical applicator device [1]; and a pump assembly (page 4, line 32: “continuously injecting pump”) for effecting a flow of the liquid from the container [3] to the medical applicator device [1] (page 4 and Figures 1-2). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to configure Voyeux’s liquid distribution system to comprise a medical applicator device for administering liquid to a user and a container for containing the liquid to be distributed to the medical applicator device because Stokkelien teaches that this configuration may be used to alleviate xerostomia by injecting a liquid through a mouthpiece into the mouth of a person suffering from xerostomia (page 3).
Regarding claim 13, the modified Voyeux discloses a system as claimed in claim 12, wherein the peristaltic pump assembly (Figure 2) comprises a mechanism [56] for applying a force to the part [38, 50] of the tube bracket [18] configured to receive a force so as to bias a portion of the tube [24] against the roller assembly [8, 10] of the peristaltic pump assembly (Figure 2) (paragraphs 0024-0031 and Figures 3-5).
Regarding claim 14, the modified Voyeux discloses a system as claimed in claim 13, wherein the mechanism [56] comprises a member [55, 62] configured to engage the part [38, 50] of the tube bracket [18] configured to receive a force and to apply a force thereto (paragraphs 0024-0031 and Figures 3-5).
Regarding claim 15, the modified Voyeux discloses a system as claimed in claim 14 wherein the member [55, 62] is configured to be locked (via first edge [55] and interior surface [57]; see paragraph 0026: “a series of cogs which engage with each other”) in a position of engagement with the part [38, 50] of the tube bracket [18] configured to receive a force so as to maintain the force applied thereto (paragraphs 0024-0029 and Figure 4).
Regarding claim 20, the modified Voyeux discloses a system as claimed in claim 14, wherein the tube bracket [18] comprises a bracket tab [60] extending outwardly in a radial direction of the pump cavity (paragraph 0022: “saddle-shaped hollow”) and wherein the bracket tab [60] is fitted into a bracket tab slot [54] of the housing [22] of the peristaltic pump assembly (Figure 2); and wherein, the member [55, 62] is mounted to the pump assembly such that, when the member [55, 62] is engaged with the part [38, 50] configured to receive a force, the member [55, 62] restricts movement of the bracket tab [60] in the bracket tab slot [54] (paragraphs 0024-0031 and Figures 3-5).
Regarding claim 21, the modified Voyeux discloses a system as claimed in claim 14, wherein the tube bracket housing [32] comprises a housing tab [50] extending outwardly in a radial direction of the pump cavity (paragraph 0022: “saddle-shaped hollow”) and wherein the housing tab [50] is fitted into a housing tab slot [54] of the housing [22] of the peristaltic pump assembly (Figure 2); and wherein the housing tab slot [54] comprises a peripheral recess (see hollow [54]) and the system is configured such that, as the force applied to the part [38, 50] configured to receive a force is increased, the bracket tab [60] moves into the recess (see hollow [54]) (paragraphs 0024-0031 and Figures 3-5).
Regarding claim 22, Voyeux discloses a method of distributing liquid to a user, the method comprising: providing a medical applicator device (see paragraph 0003; wherein it is inherent that peristaltic blood pumps include a medical applicator device applied to the tube [24]) for administering liquid, and a tube assembly (Figure 3) as claimed in claim 8, wherein the tube [24] is fluidly connected to the medical applicator device; providing a peristaltic pump assembly (Figure 2) for effecting a flow of the liquid to the medical applicator device; fitting the tube bracket [18] of the tube assembly (Figure 3) onto a roller assembly [8, 10] of the peristaltic pump assembly (Figure 2); applying a force to the part [38, 50] configured to receive a force to bias a portion of the tube [24] of the tube assembly (Figure 3) against the roller assembly [8, 10]; and running the peristaltic pump assembly (Figure 2) to effect the flow of liquid to the medical applicator device (paragraphs 0003, 0016-0031, and Figures 1-5). Voyeux does not disclose providing a container for containing the liquid to be distributed to the medical applicator device which administers liquid to a user. Stokkelien, however, teaches a similar method of distributing liquid to a user, the method comprising: providing a medical applicator device [1] for administering liquid to a user, a container [3] for containing the liquid to be distributed to the medical applicator device [1], and a tube assembly, wherein the tube [2, 4] is fluidly connected to the container [3] and the medical applicator device [1]; providing a pump assembly (page 4, line 32: “continuously injecting pump”) for effecting a flow of the liquid from the container [3] to the medical applicator device [1] (page 4 and Figures 1-2). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide a medical applicator device for administering liquid to a user and a container for containing the liquid to be distributed to the medical applicator device in Voyeux’s system because Stokkelien teaches that this method may be used to alleviate xerostomia by injecting a liquid through a mouthpiece into the mouth of a person suffering from xerostomia (page 3).
Regarding claim 23, the modified Voyeux discloses a method as claimed in claim 22, wherein applying a force to the part [38, 50] configured to receive a force so as to bias a portion of the tube [24] against the roller assembly [8, 10] comprises operating a mechanism [56] of the peristaltic pump assembly (Figure 2) to urge the part [38, 50] configured to receive a force toward the roller assembly [8, 10] (paragraphs 0024-0031 and Figures 3-4).
Regarding claim 24, the modified Voyeux discloses a method as claimed in claim 23, wherein the mechanism [56] comprises a handle [60] coupled to a member [55, 62] configured to engage the part [38, 50] configured to receive a force and to apply a force thereto, and operating the mechanism [56] comprises operating the handle [60] to adjust the force applied to the part [38, 50] configured to receive a force by the member [55, 62] (paragraphs 0024-0031 and Figures 3-5).
Allowable Subject Matter
Claims 16 and 25 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 16, the combination including the handle being rotatably mounted to a housing of the pump assembly; wherein the member is rotatably mounted to a housing of the pump assembly such that the member is rotatable between a position in which the member does not apply a force to the part of the tube bracket configured to a receive a force and a position in which the member applies a force to the part of the tube bracket configured to receive a force, and wherein the member comprises an arcuate portion configured to adjust the force applied to the part upon rotation of the handle in the invention as claimed is neither disclosed nor rendered obvious by the prior art. Regarding claim 25, the combination including the member comprising an arcuate portion configured to, in response to rotation of the handle, engage the part configured to receive a force and adjust the force applied to the part configured to receive a force in the invention as claimed is neither disclosed nor rendered obvious by the prior art.
Response to Arguments
Applicant's arguments have been considered but, unless otherwise addressed below, are moot in view of the new ground(s) of rejection. The Applicant argues that Voyeux does not teach a generally circular pump cavity. Remarks 4-5. However, the tube bracket 18 of Voyeux forms a pump cavity that is in the shape of a circle segment and is therefore generally circular as claimed. The Applicant further argues that the tube bracket 18 of Voyeux is not configured to be placed over the rollers. Remarks 4-5. However, the tube bracket 18 of Voyeux is placed over the top of the rollers as clearly shown in Fig. 4.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN MATTHEW LETTMAN whose telephone number is (571)270-7860. The examiner can normally be reached Monday-Friday 8am-4pm.
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/BRYAN M LETTMAN/Primary Examiner, Art Unit 3746
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