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 on 6/4/2026 has been entered. All previous objections have been withdrawn.
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.
Claim(s) 1-2 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yaeguchi (US 10,359,037).
Claim 1: Yaeguchi discloses an apparatus (Figs. 1-11) comprising a pump body (20/30), an occlusion bed (30a); and a rotor comprising a shaft body (51) configured to engage a shaft (21) which rotates the rotor; and a roller body (40/50/60/70/71/75/80) comprising one or more rollers (75) and a track (Fig. 10, note rack and pinion track of 387/388 and/or the slot tracks 85) via which the roller body is slidably mounted to the shaft body to translate between a first roller body position (e.g., Fig. 11) configured to compress tubing against the occlusion bed by the one or more rollers with a first level of compression and at which the shaft aligns with a center of the roller body (Examiner noting that element 80, situated in its midpoint position, will thereby have its center aligned with the shaft underneath) and a second roller body position (e.g., note bottom arrangement of the pump in Fig. 6) configured to cause decreased or no compression of the tubing against the occlusion bed by the one or more rollers and at which the shaft is offset from the center of the roller body (Examiner noting that at the lowermost shown position in Figure 6, the element will have moved to one extreme position to move the rollers radially inward and lessen the compression of the tubing; the element 80, representative of the roller body and shifted to this new position, will be offset with respect to the shaft).
Claim 2: Yaeguchi further discloses a lock (86) configured to lock the roller body in the first roller body position when locked and configured to allow the roller body to translate to the second roller body position when unlocked (as can be appreciated from Fig. 6).
Claim 19: Yaeguchi further discloses an apparatus (Figs. 1-11) comprising a pump body (20/30), tubing (note tubing in Fig. 1); an occlusion bed (30a); and a rotor comprising a shaft body (51) configured to engage a shaft (21) which rotates the rotor; and a roller body (40/50/60/70/71/75/80) comprising one or more rollers (75) and a track (Fig. 10, note rack and pinion track of 387/388 and/or the slot tracks 85) via which the roller body is slidably mounted to the shaft body to translate between a first roller body position (e.g., Fig. 11) configured to compress the tubing against the occlusion bed by the one or more rollers with a first level of compression such that fluid is driven through the tubing via rotation of the rotor (as can be appreciated from Fig. 1), wherein at the first roller body position the shaft aligns with a center of the roller body (Examiner noting that element 80, situated in its midpoint position, will thereby have its center aligned with the shaft underneath), and a second roller body position (e.g., note bottom arrangement of the pump in Fig. 6) configured to cause decreased or no compression of the tubing against the occlusion bed by the one or more rollers, wherein at the second roller body position the shaft is offset from the center of the roller body (Examiner noting that at the lowermost shown position in Figure 6, the element will have moved to one extreme position to move the rollers radially inward and lessen the compression of the tubing; the element 80, representative of the roller body and shifted to this new position, will be offset with respect to the shaft).
Claim 20: Yaeguchi further discloses a lock (86) configured to lock the roller body in the first roller body position when locked and configured to allow the roller body to translate to the second roller body position when unlocked (as can be appreciated from Fig. 6).
Allowable Subject Matter
Claims 3-7 are allowed.
The following is an examiner’s statement of reasons for allowance: regarding claim 3, the prior art of record discloses or reasonably teaches in combination an apparatus comprising: a pump body, an occlusion bed; and a rotor comprising a shaft body configured to engage a shaft which rotates the rotor; and a roller body comprising one or more rollers and a track via which the roller body is slidably mounted to the shaft body to translate between a first roller body position configured to compress tubing against the occlusion bed by the one or more rollers with a first level of compression and a second roller body position configured to cause decreased or no compression of the tubing against the occlusion bed by the one or more rollers and a lock configured to lock the roller body in the first roller body position when locked and configured to allow the roller body to translate to the second roller body position when unlocked; however, the prior art of record does not further disclose or reasonably teach in combination the lock comprising one or more lever locks, the one or more lever locks selectively positioned between a first position and a second position, wherein, in the first position, the one or more lever locks lock the roller body at the first roller body position, and wherein, in the second position, the one or more lever locks disengage the roller body so the roller body can translate to the second roller body position. As can be appreciated from Applicant’s disclosure (see specification, paragraphs 21-23), this kind of arrangement allows for easily translating the roller body to and from a state of compression as well as allowing for a reduced amount of compression.
Claims 8-10 and 21-28 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 8, the prior art of record does not further disclose or reasonably teach in combination that the shaft body is substantially configured in a shape of a first elongated hexagon.
Regarding claim 10, the prior art of record does not further disclose or reasonably teach in combination that the pump body comprises a surface against which the one or more rollers engage when the roller body is in the second roller body position such that rotation of the one or more rollers along the surface translates the roller body from the second roller body position to the first roller body position.
Regarding claim 21, the prior art of record does not further disclose or reasonably teach in combination that the lock comprising one or more lever locks, the one or more lever locks selectively positioned between a first position and a second position, wherein, in the first position, the one or more lever locks lock the roller body at the first roller body position, and wherein, in the second position, the one or more lever locks disengage the roller body so the roller body can translate to the second roller body position.
Regarding claim 26, the prior art of record does not further disclose or reasonably teach in combination that the shaft body is substantially configured in a shape of a first elongated hexagon.
Regarding claim 28, the prior art of record does not further disclose or reasonably teach in combination that the pump body comprises a surface against which the one or more rollers engage when the roller body is in the second roller body position such that rotation of the one or more rollers along the surface translates the roller body from the second roller body position to the first roller body position.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive. Examiner has newly relied upon the Yaeguchi reference to teach the limitations of claims 1-2 and 19-20.
Conclusion
THIS ACTION IS MADE FINAL. 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 NATHAN C ZOLLINGER whose telephone number is (571)270-7815. The examiner can normally be reached Generally M-F 9-4 EST.
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, Essama Omgba can be reached at 469-295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN C ZOLLINGER/Primary Examiner, Art Unit 3746
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