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 .
Priority
This application claims priority to Provisional 62/145,809, filed 10 April 2015.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 21-40 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 8,157,760 to Criado et al.
In the specification and figures, Criado discloses the apparatus as claimed by Applicant. With regard to claims 21-24, 28-30, 34, 35, 38-40, Criado discloses an arterial access device 110, a shunt 120 coupled thereto, a venous return device 115, and a flow control assembly 125 (see FIGS 1A-D and accompanying text). The flow control assembly 125/1130 comprises a housing (see FIG 11, col 18, ln 46-48), and a variable resistance component 1125 comprising a short, substantially linear first fluid flow passageway with a high fluid flow rate 1700, a long, curved second fluid passageway with a low fluid flow rate 1705, and an actuator 1710 that closes the first fluid pathway and directs fluid to the second fluid pathway (see FIGS 16A, 16B, and accompanying text).
With regard to claims 25, 26, 36, 37, Criado discloses that the apparatus may comprise multiple actuators and a shut off valve (see col 18, ln 24-45, col 20 ln 4-18).
With regard to claim 27, Criado discloses that the flow controller 1130 may comprise a button (see col 20, ln 35-47).
With regard to claims 31-32, Criado discloses a filter 1145 within the housing of the controller (see FIG 11).
With regard to claim 33, Criado discloses that the housing 125 may comprise a check valve 1115 (see FIG 11, col 18, ln 15-23).
Claim Rejections - 35 USC § 103
In the alternative to the rejections under 35 USC 102 above, claims 21-40 are rejected under 35 U.S.C. 103 as being unpatentable over US 8,157,760 to Criado et al.
Claims 21-40 are rejected under 35 U.S.C. 103 as being obvious over US 8,157,760 to Criado et al.
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). While the Criado reference discloses the elements as claimed by Applicant, it may disclose those elements in alternate embodiments that would have been obvious to combine by a person having ordinary skill in the art at the time of filing.
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 11,291,585 Schultz et al
Shunting system with parallel flow paths
US 4,781,673 Watanabe
Shunting system with parallel flow paths
US 4,681,559 Hooven
Shunting system with parallel flow paths
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESLIE R DEAK whose telephone number is (571)272-4943. The examiner can normally be reached Monday-Friday, 9am to 5:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at 571-272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LESLIE R DEAK/Primary Examiner, Art Unit 3799 8 October 2026
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