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 § 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.
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 2-5, 16, 17, and 19-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2014/0178215 (Baxter hereinafter).
Regarding claim 2, Baxter teaches a pump module with a cassette receiver that discloses a receptacle to receive a pump cartridge (Figure 2 with the area of the clamp 150 for a cassette to reside); a locking structure to engage a fastener of the pump cartridge (Actual clamp mechanism 150 as seen in Figure 2); a pushrod to engage the pump cartridge (¶ 48-49 where the pushrods are broadly equivalent to the pump body of Baxter); an actuator coupled to the pushrod (Actuator driving the pump body); and a processor coupled to an actuator to move the pushrod, the processor configured to advance the pushrod into the cartridge in response to the locking structure engaging the fastener (¶ 55, 65-66, 72, and 73 detail the operation of the pump once the cassette is locked in place).
Regarding claim 3, Baxter’s teachings are described above in claim 2 where Baxter further discloses that the processor is configured to advance the pushrod into the cartridge a first distance to decouple a piston from a retention structure of the piston (¶ 73 of Baxter) and advance the piston into a seal of the cartridge and to advance the pushrod into the cartridge a second distance to a top dead center of the piston with reciprocal motion of the piston (¶ 72 to seat the cassette of Baxter).
Regarding claim 4, Baxter’s teachings are described above in claim 2 where Baxter further discloses that the console comprises an engagement structure on the pushrod to engage a piston of the pump cartridge (¶ 73 of Baxter) [and optionally wherein the engagement structure is configured to decouple the piston from a retention structure coupled to the piston and optionally wherein the engagement structure is configured to draw the piston away from a valve of the piston subsequent to engagement] (The limitations after optionally are not being treated).
Regarding claim 5, Baxter’s teachings are described above in claim 2 where Baxter further discloses that the console comprises an engagement structure on the pushrod to engage a piston of the pump cartridge (The surface of the pump rotor interacting with the cassette is broadly viewed as the engagement structure.
Regarding claim 16, Baxter’s teachings are described above in claim 2 where Baxter further discloses that said receptacle is sized and shaped to receive the pump cartridge with axial movement of the pump cartridge (The receptable area of Baxter is sized for the cassette and under the broadest reasonable interpretation will have appropriate axial movement to engage and disengage the cassette).
Regarding claim 17, Baxter’s teachings are described above in claim 16 where Baxter further discloses that said receptacle comprises one or more of a threaded member, a tapered channel, or a cam on pins to receive said cartridge into the receptacle (Tapered channel being the border of the receptacle for the cassette).
Regarding claim 18, Baxter’s teachings are described above in claim 17 where Baxter further discloses that said receptacle comprises the threaded member configured to rotate and draw the cartridge into the fastened position and optionally wherein said threaded member comprises one or more of a bolt, a screw or a rotating member comprising internal threads and optionally wherein said receptacle comprises springs coupled to a tray to urge the cartridge toward the threaded member to engage the cartridge.
Regarding claim 19, Baxter’s teachings are described above in claim 17 where Baxter further discloses that said receptacle comprises the tapered channel, said tapered channel sized to receive a tapered portion of the cartridge with axial advancement of the cartridge (The cassette will mate with the tapered portion of the receptacle and therefore also contain a matching tapered surface), [optionally wherein the receptacle further comprising movable member to extend into the cartridge to fasten the cartridge, said movable member optionally comprising a protrusion sized and shaped to extend into a casing of the cartridge and optionally wherein the tapered portion of the cartridge nests with the tapered channel of the receptacle] (All limitations after optionally are not considered).
Regarding claim 20, Baxter’s teachings are described above in claim 17 where Baxter further discloses that the receptacle comprises a cam to engage a protruding structure of the cartridge to advance the cartridge axially (Cam 210 transmitting the driving force to the tangs 204 of Baxter to lock in the cassette) [and optionally wherein the protruding structure comprises a pin to engage the cam] (Language after optionally are not considered).
Regarding claim 21, Baxter’s teachings are described above in claim 2 where Baxter further discloses that said receptacle is sized and shaped to receive the pump cartridge with movement of the pump cartridge transverse to a reciprocating piston and cylinder axis of the pump cartridge (Receiving area for the cassette of Baxter is sized for the cassette and transverse to the operation of the pistons of the pump driven to move fluid within the cassette) and [optionally wherein said movement comprises a top down loading of the pump cartridge of a side sliding movement of the pump cartridge] (Limitations after optionally are not being treated].
Allowable Subject Matter
Claims 6-15 and 18 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.
Claim 6 recites “a return spring to urge a piston of a pump cartridge toward a pushrod of the pump console when the pushrod retracts away from a top dead center of the piston” where a modification of the Baxter reference with the spring required would change the principle operation of the Baxter reference and therefore be non-obvious. Claims 7 and 8 are dependent from the objected to as allowable claim 6.
Clam 9 recites “a rocker arm on the console to provide reciprocal motion of a first piston and a second piston of the pump cartridge” where a modification of the Baxter reference with the spring required would change the principle operation of the Baxter reference and therefore be non-obvious. Dependent claim 10 is also objected to as allowable.
Claim 11 recites “an engagement structure located on the pushrod of the console prior to placement of the console on the pushrod, the engagement structure configured to engage a piston of the pump cartridge with axial advancement of the pushrod toward the piston” where a modification of the Baxter reference with the spring required would change the principle operation of the Baxter reference and therefore be non-obvious. Claims 12-15 are dependent from the objected to as allowable claim 11.
Claim 18 recites “said receptacle comprises the threaded member configured to rotate and draw the cartridge into the fastened position and optionally wherein said threaded member comprises one or more of a bolt, a screw or a rotating member comprising internal threads and optionally wherein said receptacle comprises springs coupled to a tray to urge the cartridge toward the threaded member to engage the cartridge.” The specific structure of the threaded member being introduced would require extensive modifications to the primary reference of Baxter and this change would not be obvious in the Examiner’s point of view.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2011/0150680 (Dion) and US 2017/0354432 (Moser) each detail cartridge assemblies for pump systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CONNOR J. TREMARCHE whose telephone number is (571)272-2175. The examiner can normally be reached Monday - Thursday 0700-1700 Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL HOANG can be reached at (571) 272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CONNOR J TREMARCHE/Primary Examiner, Art Unit 3762
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