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 .
The preliminary amendment filed on 12/3/2024 has been entered. Claims 1-54 have been cancelled. Claims 55-74 are presented for examination.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 55-74 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 12,179,220. Although the claims at issue are not identical, they are not patentably distinct from each other because they essentially recite the same limitations.
Claim 55 and 61 are rejected in view of claim 1 of the ‘220 patent in that they recite:
Claims 55, 61 and 67 of the application
Claims 11-13 of the ‘220 patent
55. (new) A blood processing device configured for use in combination with a disposable processing circuit including a component having an associated two- dimensional barcode, the blood processing device comprising:
a controller; and
a scanner coupled to the controller and configured to scan the two-dimensional barcode of the component of the processing circuit and to transmit a signal to the controller, wherein the controller is programmed to determine information encoded into the two-dimensional barcode based on the signal received from the scanner.
61. (new) A controller-implemented method for retrieving information from a disposable processing circuit configured for use in combination with a blood processing device, the method comprising:
scanning a two-dimensional barcode associated with a component of a processing circuit using a scanner of a blood processing device;
transmitting a signal from the scanner to a controller of the blood processing device based on the scan of the two-dimensional barcode; and
determining information encoded into the two-dimensional barcode based on the signal received from the scanner.
67. (new) A component of a disposable processing circuit configured for use in combination with a blood processing device including a scanner and a controller, wherein a two-dimensional barcode configured to be scanned by the scanner of the blood processing device is associated with the component, with the scanner transmitting a signal to the controller based on information derived from the two- dimensional barcode to enable the controller to determine information encoded into the two-dimensional barcode based on the signal received from the scanner.
11. A system comprising a disposable blood processing circuit and a durable blood processing device cooperatively associated with the blood processing circuit for controlling flow through the blood processing circuit, wherein the blood processing circuit includes a blood container and a tube connected to the blood container; and the blood processing device includes a housing having a first surface and a second surface, wherein the first surface is defined in a generally vertical plane and the second surface is defined in a different plane,
a scanning system incorporated into the housing and including a window defined in the first surface of the housing and a scanner located within the housing, wherein the scanner is configured to scan a two-dimensional barcode through the window,
a touch screen incorporated into the second surface of the housing, a container suspension device configured to suspend the blood container on the blood processing device, a tubing clamp associated with the housing and configured to accommodate the tube connected to a suspended blood container, and
a controller located within the housing, wherein the controller is operatively coupled to the scanner, the touch screen, and the tubing clamp, and the controller is programmed to execute a procedure in which blood is conveyed through the tube.
12. The system of claim 11, wherein the scanning system is configured for scanning a selected surface area of a blood container through the window.
13. The system of claim 12, wherein the selected surface area is substantially the size of a label located on the blood container.
As can be seen, though the claims languages are not identical, it would have been obvious that claims 11-13 of the ‘220 patent includes all essential limitations of claims 55, 61 and 67 of the instant application. Thus, the patent protections have been granted to the earlier filed patent application.
Claim 56 is rejected in view of claims 11 and 19 of the ‘220 patent.
Claim 57 is rejected in view of claims 11 and 19 of the ‘220 patent.
Claims 58 , 60, 64, 66, 70, 72 and 74, see the rejection to claim 55 in view of claims 11 and 19 of the ‘220 patent. The claim differs in calling for the controller is programmed to determine the identity of the component of the processing circuit by deriving a manufacturer's part number or catalogue number for the component from the signal received from the scanner. However, it would have been obvious to use a two dimensional code to label the part and/or contain quality control information of the part labeled. The modifications merely use the barcode to label part with information which are well within the skill levels and expectation of an ordinary skilled in the art.
Claim 59 is rejected in view of claims 11 and 19 of the ‘220 patent.
Claim 60 is rejected in view of claims 11 and 19 of the ‘220 patent.
Claim 62 is rejected in view of claims 11 and 19 of the ‘220 patent.
Claim 63 is rejected in view of claims 11 and 19 of the ‘220 patent.
Claim 65 is rejected in view of claims 11 and 19 of the ‘220 patent.
Claim 68 is rejected in view of claims 11 and 19 of the ‘220 patent.
Claim 69 is rejected in view of claims 11 and 19 of the ‘220 patent.
Claim 71 is rejected in view of claims 11 and 19 of the ‘220 patent.
Claim 73 is rejected in view of claims 11 and 19 of the ‘220 patent.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN MINH LE whose telephone number is (571)272-2396. The examiner can normally be reached 6:30-5:00 PM M-Th..
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/THIEN M LE/Primary Examiner, Art Unit 2876
