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 4/15/2026 has been entered. All previous 112 rejections have been withdrawn.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-7 and 9-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aphinity (WO2021158448) in view of Fry (US 5,427,506).
Claim 1: Aphinity teaches a pump/mixer device (see Figs. 1-15; paragraphs 39, 55; see specifically embodiment of Fig. 12 which uses components from other embodiment which will be referenced; see claim 1 of Alphinity) comprising a main inlet (12, "main inlet", Figs. 3 and 12; paragraphs 39,56); an outer chamber disposed in the pump/mixer and fluidically connected to the main inlet (34, "outer chamber", figs. 1-15; paragraphs 46-47); a plurality of lower chambers disposed in the pump/mixer beneath the outer chamber (44, "lower chambers", figs. 1-15; paragraph 47) and fluidically connected to the outer chamber by respective check valves interposed between the outer chamber and the plurality of lower chambers (see Fig. 3; see check valves 42; paragraph 47), each check valve comprising an opening or aperture covered by a polymeric head or cap (see Fig. 3; paragraph 47; see opening in housing 30 that is covered by cap of valve 42; valves 42 are polymeric); a central chamber disposed in the pump/mixer (32, "central chamber", Figs. 1-15; paragraph 46-47), the central chamber fluidically connected to the plurality of lower chambers with respective check valves interposed between the central chamber and the plurality of lower chambers (see Fig. 3; paragraph 46-47; see check valves 46), each check valve comprising an opening or aperture covered by a polymeric head or cap (see Fig. 3; paragraph 47; see opening in housing 30 that is covered by cap of valve 46; valves 46 are polymeric); one or more outlets fluidically connected to the central chamber (18, "outlets", Figs. 1-15; paragraphs 43-44); one or more additional inlets fluidically coupled to the central chamber via respective inlet check valve(s) (see Fig. 12; paragraph 55; see additional inlets 72); and a moveable diaphragm disposed in each of the plurality of lower chambers (48, "flexible diaphragms", Figs. 1-15; paragraphs 47-48), the moveable diaphragms interfacing with a respective actuating element (54 - "actuating element", fig. 3) driven by a wobble or nutating plate (58, "wobble plate", Figs. 1-15; paragraph 49) operatively coupled to a motor or drive unit (see Figs. 1-15; paragraph 49), wherein each of the moveable diaphragms reciprocally moves in response to actuation by the motor or drive unit (See Figs. 1-15; paragraph 49). Alphinity further discloses that the opening or aperture of the check valves are a plurality of apertures that are arranged symmetrically (e.g., note plurality of openings/apertures, 35, symmetrically arranged about 42 in Fig. 10) about a central aperture (note aperture for 42 in Fig. 10) that is configured to receive a post or extension (note post or extension at 42 in Fig. 10) of the polymeric head or cap. Alphinity does not specifically teach for the apertures or openings to be lobed/kidney-shaped to include an outer arcuate surface and an inner arcuate surface connected by a pair of lobed ends that bend radially inward and arranged symmetrically about a central aperture. However, Fry teaches a pump arrangement whose check valve whose apertures or openings to be lobed/kidney-shaped (Fig. 8, note 172) to include an outer arcuate surface and an inner arcuate surface connected by a pair of lobed ends that bend radially inward (note the shape of 172 in Fig. 8) and arranged symmetrically about a central aperture (180). Accordingly, it would have been obvious to one of ordinary skill in the art to substitute the apertures used in Fry as the check valve apertures in Aphinity as it would: involve fabricating only two apertures per valve instead of four, thereby simplifying construction processes and, additionally, maximize the flow through the valve, as the two kidney-shaped apertures will allow much more fluid throughput in the same a radially-constrained operating space as the circular openings. Additionally, the lobed opening will better guide the flow of fluids (either inlet of outlet) towards the respective inlet/outlet region.
Claim 2: Aphinity and Fry teach the previous limitations. Aphinity further teaches that the pump/mixer comprises a plurality of outlets (Aphinity: 18 - "outlets", Figs. 1-15; paragraphs 43-44).
Claim 3: Aphinity and Fry teach the previous limitations. Modified Aphinity further discloses the pump/mixer device of claim 1, wherein the pump/mixer comprises a plurality of inlets fluidically coupled to the central chamber (Aphinity: see Fig. 12; paragraph 55; see additional inlets 72).
Claim 4: Aphinity and Fry teach the previous limitations. Modified Aphinity further discloses that the wobble or nutating plate is coupled to the motor or drive unit by an eccentric drive shaft (Aphinity: see Figs. 1-15; paragraph 49; see eccentric drive shaft 64).
Claim 5: Aphinity and Fry teach the previous limitations. Modified Aphinity further discloses that the one or more additional inlets are removable from the pump/mixer device (Aphinity: paragraph 53).
Claim 6: Aphinity and Fry teach the previous limitations. Modified Aphinity further discloses that the one or more outlets are removable from the pump/mixer device (Aphinity: paragraph 54).
Claim 7: Aphinity and Fry teach the previous limitations. Modified Aphinity further discloses an upper housing containing the main inlet (Alphinity: see Figs. 2-3; paragraphs 45-46); see upper housing 22), a central housing containing the plurality of lower chambers and the central chamber (Alphinity: see Figs. 2-3; paragraphs 45-46; see central housing 30), and a bottom housing or plate containing the moveable diaphragms and secured to the central housing (Alphinity: see Figs. 2-3; paragraphs 45-46; see bottom housing 52).
Claim 9: Aphinity and Pentair teach the previous limitations. Pentair further teaches a plurality of lobed openings or apertures are symmetrically arranged around a central aperture that accommodates a post or extension of each respective check valve (Fig. 8, note symmetry of openings 68 around aperture 66 for valve post 74).
Claim 10: Aphinity and Fry teach the previous limitations. Modified Aphinity further discloses a method of operating the pump/mixer device of claim 1 comprising driving the motor or drive unit to actuate the wobble or nutating plate (Alphinity: see Figs. 1-15; paragraph 49); inputting a first fluid from a vessel or container into the main inlet of the pump/mixer device (Alphinity: see Figs. 1-15; paragraph 55); inputting a second or additional fluid(s) into the pump/mixer device via the one or more additional inlets (paragraphs 51-54, 60); mixing the first fluid and the second or additional fluid(s) in the central chamber of the pump/mixer device (paragraphs 51-54, 60); and outputting the mixed fluid via the one or more outlets (Alphinity: paragraph 16, 59).
Claim 11: Aphinity and Fry teach the previous limitations. Modified Aphinity further discloses that the second or additional fluid(s) are input into the pump/mixer device by one or more additional pumps (see paragraphs 57-58).
Claim 12: Aphinity and Fry teach the previous limitations. Modified Aphinity further discloses that the one or more additional inlets contain or are coupled to respective control valves, and one or more of the respective control valves are actuated to initiate and/or stop flow of the second or additional fluid(s) into the pump/mixer device (see paragraphs 57-58).
Claim 13: Aphinity and Fry teach the previous limitations. Modified Aphinity further discloses the second or additional fluid(s) comprises a buffer fluid or concentrated fluid (see paragraphs 4-5, 9-10, 59-62).
Claim 14: Aphinity and Fry teach the previous limitations. Modified Aphinity further discloses that the first fluid comprises living cells therein (see paragraphs 3-6, 64).
Claim 15: Alphinity teaches a pump device (see figs. 1-15; paragraphs 39, 55; see specifically embodiment of fig. 12 which uses components from other embodiment which will be referenced; see also claim 1 of Alphinity) comprising an inlet (12 - "main inlet", Figs. 3 and 12; paragraphs 39, 56) located at the top or upper region of the pump; an outer chamber disposed in the pump and fluidically connected to the inlet (34 - "outer chamber", Figs. 1-15; paragraphs 46-47); a plurality of lower chambers disposed in the pump beneath the outer chamber (44 - "lower chambers", Figs. 1-15; paragraph 47) and
fluidically connected to the outer chamber by respective check valves interposed between the outer chamber and the plurality of lower chambers (see Fig. 3; see check valves 42; paragraph 47), each check valve comprising an opening or aperture covered by a polymeric head or cap (see Fig. 3; paragraph 47; see opening in housing 30 that is covered by cap of valve 42; valves 42 are polymeric); a central chamber disposed in the pump (32 - "central chamber", Figs. 1-15; paragraphs 46-47), the central chamber fluidically connected to the plurality of lower chambers with respective check valves interposed between the central chamber and the plurality of lower chambers (see Fig. 3; paragraphs 46-47; see check valves 46), each check valve comprising an opening or aperture covered by a polymeric head or cap (see Fig. 3; paragraph 47; see opening in housing 30 that is covered by cap of valve 46; valves 46 are polymeric); a plurality of outlets fluidically connected to the central chamber (18 - "outlets", Figs. 1-15; paragraphs 43-44); and a moveable diaphragm disposed in each of the plurality of lower chambers (48 - "flexible diaphragms", Figs. 1-15; paragraphs 47-48), the moveable diaphragms interfacing with a respective actuating element (54 - "actuating element", Fig. 3) driven by a wobble or nutating plate (58 - "wobble plate", Figs. 1-15; paragraph 49) operatively coupled to a motor or drive unit (see Figs. 1-15; paragraph 49), wherein each of the moveable diaphragms reciprocally moves in response to actuation by the motor or drive unit (see Figs. 1-15; paragraph 49).
Alphinity further discloses that the opening or aperture of the check valves are a plurality of apertures that are arranged symmetrically (e.g., note plurality of openings/apertures, 35, symmetrically arranged about 42 in Fig. 10) about a central aperture (note aperture for 42 in Fig. 10) that is configured to receive a post or extension (note post or extension at 42 in Fig. 10) of the polymeric head or cap. Alphinity does not specifically teach for the apertures or openings to be lobed/kidney-shaped to include an outer arcuate surface and an inner arcuate surface connected by a pair of lobed ends that bend radially inward and arranged symmetrically about a central aperture. However, Fry teaches a pump arrangement whose check valve whose apertures or openings to be lobed/kidney-shaped (Fig. 8, note 172) to include an outer arcuate surface and an inner arcuate surface connected by a pair of lobed ends that bend radially inward (note the shape of 172 in Fig. 8) and arranged symmetrically about a central aperture (180). Accordingly, it would have been obvious to one of ordinary skill in the art to substitute the apertures used in Fry as the check valve apertures in Aphinity as it would: involve fabricating only two apertures per valve instead of four, thereby simplifying construction processes and, additionally, maximize the flow through the valve, as the two kidney-shaped apertures will allow much more fluid throughput in the same a radially-constrained operating space as the circular openings. Additionally, the lobed opening will better guide the flow of fluids (either inlet of outlet) towards the respective inlet/outlet region.
Claim 16: Aphinity and Fry teach the previous limitations. Modified Aphinity further discloses that the wobble or nutating plate is coupled to the motor or drive unit by an eccentric drive shaft (Alphinity: see Figs. 1-15; paragraph 49; see eccentric drive shaft 64).
Claim 17: Aphinity and Fry teach the previous limitations. Modified Aphinity further discloses that the plurality of outlets are removable from the pump device (Alphinity: see paragraph 54).
Claim 18: Aphinity and Fry teach the previous limitations. Modified Aphinity further discloses an upper housing containing the inlet (Alphinity: see Figs. 2-3; paragraph 45-46; see upper housing 22), a central housing containing the plurality of lower chambers and the central chamber (Alphinity: see Figs. 2-3; paragraphs 45-46; see central housing 30), and a bottom housing or plate containing the moveable diaphragms and secured to the central housing (Alphinity: see Figs. 2-3; paragraphs 45-46; see bottom housing 52).
Claim 19: Aphinity and Fry teach the previous limitations. Modified Aphinity further discloses a method of operating the pump (see Figs. 1-15; paragraph 39; see
above claims 13-16; see claim 13 of Alphinity) comprising driving the motor or drive unit to actuate the wobble or nutating plate (Alphinity: see Figs. 1-15; paragraph 49); inputting a fluid from a vessel or container into the pump (Alphinity: see Figs. 1-15; paragraph 55); and outputting the fluid from the pump via one or more of the plurality of outlets (Alphinity: paragraph 16, 59).
Claim 20: Aphinity and Fry teach the previous limitations. Modified Aphinity further discloses inputting another fluid into the central chamber of the pump from one or more additional inlets (paragraphs 51-54, 60).
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive. Examiner has newly utilized the Fry reference to read upon the newest claim limitations..
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.
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/NATHAN C ZOLLINGER/Primary Examiner, Art Unit 3746
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