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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/1/2026 has been entered.
Response to Amendment
The amendment filed on 7/1/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 22 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 22 recites one or more additional inlets fluidically coupled to the central chamber via respective inlet check valve but it is not clear how these inlet check valves relate with the check valves already discussed in claim 21 with respect to the central chamber. Are the check valves in claim 22 completely distinct from any or all check valves discussed in claim 21? If so, how are they distinguishable? Examiner requests clarification on this matter.
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) 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aphinity (WO2021158448) in view of Farrand (US 4,513,784).
Claim 21: Aphinity discloses a pump (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 a 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 a plurality of lobed openings or apertures 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), wherein each lobed opening or aperture is kidney-shaped and includes an outer arcuate surface and an inner arcuate surface connected by a pair of lobed ends that bend radially inward; 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 a plurality of openings or apertures 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); 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, Farrand teaches a check valve whose apertures or openings are lobed/kidney-shaped (Figs. 1 and 3, note 24) 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 24 in Fig. 3) and arranged symmetrically about a central aperture (40). Accordingly, it would have been obvious to one of ordinary skill in the art to substitute the check valves of Alphinity for that of Farrand as it would involve mere substitution of one known element for another with a predictable expectation of success. Farrand’s teachings incorporated into Alphinity will provide for more surface area upon which the valve head or cap of Alphinity can rest, providing for additional contact support between the valve head or cap and the valve seat, which would necessarily improve prolapse resistance of the respective polymeric head or cap associated therewith.
Claim 22: Alphinity and Fry teach the previous limitations. Alphinity further discloses one or more additional inlets fluidically coupled to the central chamber via respective inlet check valve(s) (note, e.g., one or more of the inlets coupled to the central chamber that possess the respective check valves discussed in claim 21).
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive. Regarding claim 21, Examiner believes that the openings from Fry, which provide two kidney-shaped openings/apertures will provide for more surface area upon which the valve head or cap of Alphinity can rest, providing for additional contact support between the valve head or cap and the valve seat, which would necessarily improve prolapse resistance of the respective polymeric head or cap associated therewith.
Allowable Subject Matter
Claims 1-7 and 10-20 are allowed.
The following is an examiner’s statement of reasons for allowance: regarding claim 1, the prior art of record discloses or reasonably teaches in combination a pump/mixer device comprising a main inlet; an outer chamber disposed in the pump/mixer and fluidically connected to the main inlet; a plurality of lower chambers disposed in the pump/mixer beneath the outer chamber and fluidically connected to the outer chamber by respective check valves interposed between the outer chamber and the plurality of lower chambers, each check valve comprising a plurality of lobed openings or apertures covered by a polymeric head or cap, wherein each lobed opening or aperture is kidney-shaped; a central chamber disposed in the pump/mixer, 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, each check valve comprising a plurality of lobed openings or apertures covered by a polymeric head or cap, wherein each lobed opening or aperture is kidney-shaped and includes an outer arcuate surface and an inner arcuate surface connected by a pair of lobed ends that bend radially inward and wherein the plurality of sit lobed openings or apertures are arranged symmetrically about a central aperture that is configured to receive a post or extension of the polymeric head or cap; one or more outlets fluidically connected to the central chamber; one or more additional inlets fluidically coupled to the central chamber via respective inlet check valve(s); and a moveable diaphragm disposed in each of the plurality of lower chambers, the moveable diaphragms interfacing with a respective actuating element driven by a wobble or nutating plate operatively coupled to a motor or drive unit, wherein each of the moveable diaphragms reciprocally moves in response to actuation by the motor or drive unit; however, the prior art of record does not further disclose or reasonably teach in combination that the lower chamber check valves comprise a plurality of split lobed openings or apertures covered by a polymeric head or cap, wherein each split lobed opening or aperture is kidney-shaped and includes a first half and a second half separated by material of the check valve or that the central chambers check valves include a plurality of split lobed openings or apertures covered by a polymeric head or cap, wherein each split lobed opening or aperture is kidney-shaped and includes a first half and a second half separated by material of the check valve an outer arcuate surface and an inner arcuate surface connected by a pair of lobed ends. As can be appreciated from Applicant’s disclosure (see specification, paragraph 6), this kind of arrangement allows for an improved pump/mixer device which can get fluid into the pump efficiently but also help avoid problems caused by cavitation, vacuum or pulsed flow condition, which conditions tend to lyse the delicate mammalian cells that are used in manufacturing processes.
Regarding claim 15, the prior art of record discloses or reasonably teaches in combination a pump comprising an inlet located at a top or upper region of the pump; an outer chamber disposed in the pump and fluidically connected to the inlet; a plurality of lower chambers disposed in the pump beneath the outer chamber and fluidically connected to the outer chamber by respective check valves interposed between the outer chamber and the plurality of lower chambers, each check valve comprising a plurality of lobed openings or apertures covered by a polymeric head or cap; a central chamber disposed in the pump, 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, each check valve comprising a plurality of lobed openings or apertures covered by a polymeric head or cap, wherein each lobed opening or aperture is kidney-shaped and includes an outer arcuate surface and an inner arcuate surface connected by a pair of lobed ends that bend radially inward and wherein the plurality of lobed openings or apertures are arranged symmetrically about a central aperture that is configured to receive a post or extension of the polymeric head or cap; a plurality of outlets fluidically connected to the central chamber; and a moveable diaphragm disposed in each of the plurality of lower chambers, the moveable diaphragms interfacing with a respective actuating element driven by a wobble or nutating plate operatively coupled to a motor or drive unit, wherein each of the moveable diaphragms reciprocally moves in response to actuation by the motor or drive unit; however, the prior art of record does not further disclose or reasonably teach in combination that the lower chamber check valves comprise a plurality of slit lobed openings or apertures covered by a polymeric head or cap, wherein each split lobed opening or aperture is kidney-shaped and includes a first half and a second half separated by material of the check valve or central chamber check valves comprising a plurality of split lobed openings or apertures covered by a polymeric head or cap, wherein each lobed opening or aperture is kidney-shaped and includes a first half and a second half separated by material of the check valve. As can be appreciated from Applicant’s disclosure (see specification, paragraph 6), this kind of arrangement allows for an improved pump/mixer device which can get fluid into the pump efficiently but also help avoid problems caused by cavitation, vacuum or pulsed flow condition, which conditions tend to lyse the delicate mammalian cells that are used in manufacturing processes.
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
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NATHAN C ZOLLINGER/Primary Examiner, Art Unit 3746
Prosecution Insights