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 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 12 and 13 are 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.
In claim 12, lines 7 and 8, “the composition-related parameter of the further mixture” has no prior antecedent basis.
In claim 12, line 14, “the generating” is unclear as to which “generating” is being referred to . For purposes of this action, this will be treated as –the generating of the further mixture--.
In claim 13, line 1, “the adjusting” is unclear as to which “adjusting” is being referred to. For purposes of this action, this will be treated as –the adjusting of the pumping speed of the third pump--.
Allowable Subject Matter
Claims 1-11,14-16 are allowed.
Claims 12 and 13 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record has been cited to show the current state of the art. Methods and systems for generating a medical fluid for renal replacement therapy, which utilize scales to measure weights of contained fluids are known. Examples are 6780322 to Bissler et al which discloses systems in fig. 1 and 3, which utilizes scales to measure weights of infusates (see fig. 3) and compare them with the rate of drained fluid, as well as Jansson et al 20160051949 which discloses a method and system that utilizes first and second pumps to deliver first and second fluids to a supply line, and adjusts the pumping speed based on a value measured by a sensor. However, these references taken alone or in combination, do not disclose all of the steps of the method and system as recited in the instant independent claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS D LUCCHESI whose telephone number is (571)272-4977. The examiner can normally be reached M-F 800-430.
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/NICHOLAS D LUCCHESI/Primary Examiner, Art Unit 3772
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