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 .
DETAILED ACTION
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 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.
Response to Amendment
The Amendment filed 3/30/26 has been entered. Claim 5 has been canceled. Claim 21 has been added. Claims 1-2, 4, and 16-17 have been amended. Claims 1-4, and 6-21 remain pending in the application.
Applicant’s amendments to the Claims and Drawings have overcome the objections previously set forth in the Non-Final Office Action mailed 1/8/26.
Response to Arguments
Applicant's arguments filed 3/30/26 have been fully considered but they are not persuasive.
Regarding claim 16, Applicant has argued Menz et al. (U.S. 2022/0273876) fails to anticipate the claim because “Menz fails to disclose the elements of claim 16 as amended, and more particularly…a holding section including a clamping surface and a syringe support including a clamp bearing surface, where the clamping surface is configured to engage the clamp bearing surface such that movement of the holding section to the latched condition increases the closing force applied to the sealing section” (see Remarks filed 3/30/26, Pages 8-9). The Examiner does not find this argument persuasive. Menz discloses a holding section at element 20 which includes a clamping surface identified at element I in Modified Fig. 2 below; Menz discloses a syringe support identified by element D in Modified Fig. 2 below which includes a clamp bearing surface identified by element J in Modified Fig. 2 below; and Menz discloses a sealing section at element G of Modified Fig. 2 below which includes sealing element 25. Menz further discloses moving holding section 20 to a latched condition between the views of Figs. 1-4 where Figs. 3-4 clearly show the latched condition of element 20 contrasted by the unlatched condition depicted in Figs. 1-2. Menz discloses in Fig. 3 that the clamping surface identified at element I in Modified Fig. 2 below is configured to engage the clamp bearing surface identified by J in Modified Fig. 2 below. Finally, Menz discloses that the movement of the holding section 20 to the latched condition identified by Figs. 3-4 increases the closing force applied to the sealing section (Modified Fig. 2 below - G) as is shown through the views of Figs. 1-4 and as is described in Paras 45-46. Specifically, Para 46 states “In the closed position of the syringe system 1, the flange 7 of the syringe 3 is then forced against the front end of the drive housing 8 facing the direction of the syringe holder 2, as shown, for example, in FIG. 3. For this purpose, the drive housing 8 has a sealing element 25 at the front end, a in particular a sealing ring, against which the flange 7 is pressed when the syringe system 1 is in the closed position. A tight connection is thereby created between the syringe 3 and flange 7 and drive housing 8.” Therefore, Menz discloses the limitation in question and Applicant’s arguments regarding claim 16 are not found persuasive.
Applicant has argued claims 19-21 are allowable for the same reasons as indicated above regarding claim 16 (see Remarks filed 3/30/26, Pages 9-10). The Examiner does not find these arguments persuasive for the same reasons as indicated above regarding claim 16
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.
Claims 16, and 19-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Menz et al. (U.S. 2022/0273876).
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Re claim 16:
Menz discloses a syringe pump assembly (1, syringe system - Para 48) comprising:
a pump housing (2, syringe holder - Para 45; 8, drive housing - Para 45 (elements 2 and 8 are collectively a type of pump housing as shown in Figs. 1-6));
at least one syringe support (Modified Fig. 2 above - D (person having ordinary skill in the art would recognize element D as a type of syringe support)) arranged on the pump housing (2, 8) having a support surface (Modified Fig. 2 above - E (person having ordinary skill in the art would recognize element E as a type of support surface of element D)) configured to support a syringe (3, syringe - Para 46) in a fluid processing procedure (Para 47)(see Modified Fig. 2 above and Figs. 1-6); and
a corresponding at least one syringe clamp (Modified Fig. 2 above - F (person having ordinary skill in the art would recognize element F as a type of syringe clamp)) connected to the housing (2, 8)(see Modified Fig. 2 above), the syringe clamp (Modified Fig. 2 above - F) comprising a sealing section (Modified Fig. 2 above - G (person having ordinary skill in the art would recognize element G as a type of sealing section of element F)) connected to the housing (2, 8) with a first hinge (24, joint - Para 45) and a holding section (20, locking lever - Para 45) connected to the sealing section (Modified Fig. 2 above - G) with a second hinge (27, locking lever joint - Para 92)(see Modified Fig. 2 above), the syringe clamp (Modified Fig. 2 above - F) moveable between an unclamped condition (Figs. 1-2 and Para 45 - “…tilted up position…”) and a clamped condition (Figs. 3-6 and Para 45 - “…closed position…”),
wherein the sealing section (Modified Fig. 2 above - G) includes a sealing element (25, sealing element - Para 46) on a sealing surface (Modified Fig. 2 above - H (person having ordinary skill in the art would recognize element H as a type of sealing surface)) and is pivotable on the first hinge (24) between a raised condition (see Modified Fig. 2 above and Figs. 1-2) corresponding to the unclamped condition (Figs. 1-2 and Para 45 - “…tilted up position…”)(see Modified Fig. 2 above and Figs. 1-2) and a lowered condition (Figs. 3-6),
wherein the holding section (20) is pivotable on the second hinge (27) between an unlatched condition (see Fig. 8 and Para 45 - “…unlocked by operating the locking lever 20…”) corresponding to the unclamped condition (Figs. 1-2 and Para 45 - “…tilted up position…”)(see Figs. 1-2 and 8) and a latched condition (see Figs. 3 and 4 and Para 45 - “…locked in the closed position…”) engaged with the syringe support (Modified Fig. 2 above - D)(see Modified Fig. 2 above, Figs. 3-4, Fig. 8, and Para 45) and corresponding to the clamped condition (Figs. 3-6 and Para 45 - “…closed position…”)(see Figs. 3 and 4), and
wherein movement of the holding section (20) to the latched condition (see Figs. 3 and 4 and Para 45 - “…locked in the closed position…”) causes movement of the syringe clamp (Modified Fig. 2 above - F) to the clamped condition (Figs. 3-6 and Para 45 - “…closed position…”) by applying a closing force to the sealing section (Modified Fig. 2 above - G) through the second hinge (27)(see Figs. 3-4), and movement of the holding section (20) to the unlatched condition (see Fig. 8 and Para 45 - “…unlocked by operating the locking lever 20…”) causes movement of the syringe clamp (Modified Fig. 2 above - F) to the unclamped condition (Figs. 1-2 and Para 45 - “…tilted up position…”) by releasing the closing force (see Modified Fig. 2 above, Figs. 2-8, and Paras 45-46); and
wherein the holding section (20) includes a clamping surface (Modified Fig. 2 above - I (person having ordinary skill in the art would recognize element I as a type of clamping surface)) and the syringe support (Modified Fig. 2 above - D) includes a clamp bearing surface (Modified Fig. 2 above - J (person having ordinary skill in the art would recognize element J as a type of clamp bearing surface)), and the clamping surface (Modified Fig. 2 above - I) is configured to engage the clamp bearing surface (Modified Fig. 2 above - J) such that movement of the holding section (20) to the latched condition (see Figs. 3 and 4 and Para 45 - “…locked in the closed position…”) increases the closing force applied by the sealing section (Modified Fig. 2 above - G)(See Modified Fig. 2 above, Figs. 2-8, and Paras 45-46).
Re claim 19:
Menz discloses the syringe pump assembly (1) according to claim 16 (as described above), wherein the sealing element (25) is a sealing o-ring (see Figs. 1-3 and Para 46 - “…a sealing element 25…in particular a sealing ring…”).
Re claim 20:
Menz discloses the syringe pump assembly (1) according to claim 19 (as described above), wherein the sealing section (Modified Fig. 2 above - G) includes a pneumatic fitting (14, connection piece - Para 52), a channel (13, drive channel - Para 51) fluidically connected to the pneumatic fitting (14 see Fig. 2 and Para 52) and a channel opening (30, second input - Para 52) arranged on the sealing surface (Modified Fig. 2 above - H) and surrounded by the sealing element (25)(see Modified Fig. 2 above).
Re claim 21:
Menz discloses a fluid processing system (1, syringe system - Para 48) comprising:
at least one syringe (3, syringe - Para 46) having a barrel (4, cylindrical syringe barrel - Para 46) and a plunger (5, plunger - Para 46) configured for reciprocal movement within the barrel (4)(see Fig. 2 and Para 46), wherein the syringe (3) includes a top face (Modified Fig. 2 above - A (person having ordinary skill in the art would recognize element A as a type of top face of element 3)) and a top flange (7, flange - Para 46) at a proximal end (Modified Fig. 2 above - B (person having ordinary skill in the art would recognize a type of proximal end of element 3 is shown at element B)) and a tip (6, nozzle - Para 46) at a distal end (Modified Fig. 2 above - C (person having ordinary skill in the art would recognize a type of distal end of element 3 is shown at element C))(see Modified Fig. 2 above);
a pump housing (2, syringe holder - Para 45; 8, drive housing - Para 45 (elements 2 and 8 are collectively a type of pump housing as shown in Figs. 1-6));
at least one syringe support (Modified Fig. 2 above - D (person having ordinary skill in the art would recognize element D as a type of syringe support)) arranged on the pump housing (2, 8) having a support surface (Modified Fig. 2 above - E (person having ordinary skill in the art would recognize element E as a type of support surface of element D)) configured to engage the top flange (7) to support the syringe (3) in a fluid processing procedure (Para 47)(see Modified Fig. 2 above and Figs. 1-6); and
at least one syringe clamp (Modified Fig. 2 above - F (person having ordinary skill in the art would recognize element F as a type of syringe clamp)) connected to the housing (2, 8)(see Modified Fig. 2 above), the syringe clamp (Modified Fig. 2 above - F) comprising a sealing section (Modified Fig. 2 above - G (person having ordinary skill in the art would recognize element G as a type of sealing section of element F)) connected to the housing (2, 8) with a first hinge (24, joint - Para 45) and a holding section (20, locking lever - Para 45) connected to the sealing section (Modified Fig. 2 above - G) with a second hinge (27, locking lever joint - Para 92)(see Modified Fig. 2 above), the syringe clamp (Modified Fig. 2 above - F) moveable between an unclamped condition (Figs. 1-2 and Para 45 - “…tilted up position…”) and a clamped condition (Figs. 3-6 and Para 45 - “…closed position…”),
wherein the sealing section (Modified Fig. 2 above - G) includes a sealing element (25, sealing element - Para 46) on a sealing surface (Modified Fig. 2 above - H (person having ordinary skill in the art would recognize element H as a type of sealing surface)) and is pivotable on the first hinge (24) between a raised condition (see Modified Fig. 2 above and Figs. 1-2) and a lowered condition (Figs. 3-6) in which the sealing section (Modified Fig. 2 above - G) is configured to apply a clamping force to the top face (Modified Fig. 2 above - A) of the syringe (3) to form a seal against the top face (Modified Fig. 2 above - A) with the sealing element (25)(see Modified Fig. 2 above, Fig. 3, and Para 46),
wherein the holding section (20) is pivotable on the second hinge (27) between an unlatched condition (see Fig. 8 and Para 45 - “…unlocked by operating the locking lever 20…”) and a latched condition (see Figs. 3 and 4 and Para 45 - “…locked in the closed position…”) engaged with the syringe support (Modified Fig. 2 above - D)(see Modified Fig. 2 above, Figs. 3-4, Fig. 8, and Para 45),
wherein movement of the holding section (20) to the latched condition (see Figs. 3 and 4 and Para 45 - “…locked in the closed position…”) causes movement of the syringe clamp (Modified Fig. 2 above - F) to the clamped condition (Figs. 3-6 and Para 45 - “…closed position…”) by applying a closing force to the sealing section (Modified Fig. 2 above - G) through the second hinge (27) such that the sealing section (Modified Fig. 2 above - G) applies the clamping force to the top face (Modified Fig. 2 above - A), and movement of the holding section (20) to the unlatched condition (see Fig. 8 and Para 45 - “…unlocked by operating the locking lever 20…”) causes movement of the syringe clamp (Modified Fig. 2 above - F) to the unclamped condition (Figs. 1-2 and Para 45 - “…tilted up position…”) by releasing the closing force and the clamping force (see Modified Fig. 2 above, Figs. 2-8, and Paras 45-46); and
wherein the clamping surface (Modified Fig. 2 above - I) is configured to engage the clamp bearing surface (Modified Fig. 2 above - J) such that movement of the holding section (20) to the latched condition (see Figs. 3 and 4 and Para 45 - “…locked in the closed position…”) increases the clamping force applied by the sealing section (Modified Fig. 2 above - G)(See Modified Fig. 2 above, Figs. 2-8, and Paras 45-46)
Allowable Subject Matter
Claims 1-4, and 6-15 are allowed.
Claims 17-18 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.
The following is an examiner’s statement of reasons for allowance:
Claims 1-4, and 6-15 are allowed, and Claims 17-18 would be allowed primarily because the prior art of record cannot anticipate Applicant’s claimed invention by a single reference nor render Applicant’s claimed invention obvious by the combination of more than one reference.
Additionally, the prior art of record does not teach “wherein the holding section comprises a clamping surface including a detent and the clamp bearing surface includes a bearing element, wherein the bearing element is positioned in the detent when the holding section is in the latched condition” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claims 1-4, and 6-15.
Additionally, the prior art of record does not teach “wherein the clamping surface includes a detent and the clamp bearing surface includes a bearing element, wherein the bearing element is positioned in the detent when the holding section is in the latched condition” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claims 17-18.
Therefore, the prior art of record cannot anticipate Applicant’s claimed invention by a single reference nor render Applicant’s claimed invention obvious by one or more references.
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.”
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Loren C Edwards whose telephone number is (571)272-7133. The examiner can normally be reached M-R 6AM-430PM.
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, Mark Laurenzi can be reached at (571) 270-7878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LOREN C EDWARDS/Primary Examiner, Art Unit 3746 10/9/26
