3DETAILED 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 .
Claim Objections
Claims 1 – 20 are objected to because of the following informality:
Claim 1, line 16: “a tube engaging surface” should read --the tube engaging surface--.
Claim 10, line 1: “extension” should read --the extension--.
Claim 20, line 1: “wherein pivotable cover” should read --wherein the pivotable cover--.
Claims 2 – 20 are objected to for being dependent on claim 1.
Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 – 4, 8, 11 – 13, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Fujii et al. (US 2010/0224547 – herein after Fujii; cited by applicant on IDS dated 05/12/2025) in view of Limoges, Robert (US 2005/0196307 – herein after Limoges) and Kuhl et al. (US 5,447,417 – herein after Kuhl; cited by applicant on IDS dated 05/12/2025).
In reference to claim 1, Fujii teaches a peristaltic pump (1, see fig. 2) comprising:
a rotor [either roller 2/3 is a rotor or rotor/drive shaft (which is a rotating component) of motor 11 is a rotor];
a housing (9+10) in which the rotor is arranged and comprising a tube inlet (one of the tube guides 13) and a tube outlet (other of the tube guides 13); and
an opening and closing mechanism comprising:
a slider (see fig. A below);
a tube pressuring portion (4) coupled to the slider and comprising a tube engaging surface (see fig. A below); and
a pivotable cover (5) coupled to the housing and the slider,
wherein the slider engages the pivotable cover such that (as evident from fig. 3 and ¶40-¶41), in response to closing and opening the pivotable cover, the tube engaging surface (see fig. A below) of the tube pressuring portion (4) slides towards and away from the rotor (2), respectively.
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Fig. A: Edited fig. 2 of Fujii to show claim interpretation.
Fujii does not teach the pump, wherein the opening and closing mechanism comprises: “a tube holder coupled to the slider comprising an inlet engaging portion and an outlet engaging portion”.
However, Limoges teaches a peristaltic pump having (see ¶74-¶75, ¶91-¶93) a tube retaining mechanism (106) associated with a slider (support structure 104). This mechanism includes a retainer carrier (266) with pairs of retainers (120, 122). These retainers act as inlet and outlet engaging portions (components 120) that slide towards and away from the housing to restrain the tube when the pump is closed. Thus, Limoges teaches the peristaltic pump, wherein the opening and closing mechanism comprises: a tube holder (106) coupled to the slider (104) comprising an inlet engaging portion and an outlet engaging portion.
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to modify Fujii’s pump for a tube holder that is coupled to the slider as taught by Limoges in order to prevent tube from “walking” or being pulled through the pump by the rotor’s rotation, ensuring the tube remains properly centered for consistent pumping action, as recognized by Limoges (see ¶74).
Thus, Fujii, as modified, further teaches the pump, wherein the slider engages the pivotable cover such that, in response to closing and opening the pivotable cover, the inlet engaging portion (provided using the teaching of Limoges) slides towards and away from an inner surface of the tube inlet, and the outlet engaging portion (provided using the teaching of Limoges) slides towards and away from an inner surface of the tube outlet, respectively.
Fujii does not teach the pump, wherein the opening and closing mechanism comprises: “an adjustment element configured to move a tube engaging surface of the tube pressuring portion toward and away from the rotor to adjust the peristaltic pump to various system pressures”; and “an elastic element connected to the adjustment element such that tension in the elastic element is adjustable”.
However, Kuhl teaches a peristaltic pump comprising: an adjustment element (107, see fig. 1A) configured to move a tube engaging surface (curved surface) of the tube pressuring portion (102, see fig. 1A) toward and away from the rotor (105, see fig. 1A) to adjust the peristaltic pump to various system pressures (107 is capable of performing claimed function, see col. 11, lines 53-68 and col. 12, lines 1-68); and an elastic element (112) connected to the adjustment element (107) such that tension in the elastic element is adjustable.
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to modify the tube pressuring portion in Fujii’s pump for providing an adjustment element and an elastic element as taught by Kuhl “to compensate for the manufacturing tolerances of tube”, as recognized by Kuhl (see col. 12, line 59).
In reference to claim 2, Fujii teaches the peristaltic pump, further comprising a motor (11) configured to rotate the rotor (2/3).
In reference to claim 3, Fujii teaches the peristaltic pump, wherein:
the slider (see fig. A above) comprise a post [post = a structure that is used to support something; asserted slider is a wall structure that supports component 4, therefore asserted slider is considered to be a post]; and
the pivotable cover (5) engages the post in response to closing and opening the pivotable cover (opening and closing of the cover engages the post/slider to move).
In reference to claim 4, Fujii teaches the peristaltic pump, wherein the pivotable cover (5) comprises a rotating shaft (see fig. A above) and an extension (6) extending radially from the rotating shaft; closing and opening of the pivotable cover (5) rotates the pivotable cover about the rotating shaft, and wherein the extension (6) engages the post (i.e. slider) in response to closing and opening the pivotable cover.
In reference to claim 8, Fujii teaches the peristaltic pump, wherein a distal end (corner end) of the post comprises a chamfer (see fig. A above).
In reference to claim 11, Fujii, as modified, teaches the peristaltic pump, wherein:
the housing (9+10) includes a front portion (bottom portion; in view of fig. 2) and a back portion (top portion; in view of fig. 2);
the rotor (rotor/drive shaft of the motor 11) is arranged in the front portion (bottom portion); and
the slider (see fig. A above), the elastic element (provided using the teaching of Kuhl), and the adjustment element (provided using the teaching of Kuhl) are arranged in the back portion (top portion).
In reference to claim 12, Fujii, as modified, teaches the peristaltic pump, further comprising a separating wall (labeled “wall” in fig. A above; shaded for convenience) separating the front portion from the back portion.
In reference to claim 13, Fujii, as modified, teaches the peristaltic pump, wherein the separating wall comprises a longitudinal opening (see fig. A above), the slider comprises a post [post = a structure that is used to support something; asserted slider is a wall structure that supports component 4, therefore asserted slider is considered to be a post] extending through the longitudinal opening into (↓) the front portion (bottom portion), and the pivotable cover (5) engages the post (via 6, 7, 8).
In reference to claim 18, Fujii teaches the peristaltic pump, wherein the rotor (2/3) comprises a plurality of tube rollers (3) configured to press tubing against the tube pressuring portion (4).
In reference to claim 20, Fujii teaches the peristaltic pump, wherein the pivotable cover (5) comprises a transparent portion (hollow portion) aligned (in circumferential direction, see fig. 3) with a space between the rotor (2/3) and the tube pressuring portion (4) when the pivotable cover is in a closed position.
Claims 1 – 5, 14, 15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Stemple et al. (US 2009/0129944 – herein after Stemple; cited by applicant on IDS dated 05/12/2025) in view of Thomas, Alan John (US 3,876,340 – herein after Thomas).
In reference to claim 1, Stemple teaches a peristaltic pump (see abstract or title) comprising:
a rotor (14, fig. 1);
a housing (12, fig. 1) in which the rotor is arranged and comprising a tube inlet (see fig. B below) and a tube outlet (see fig. B below); and
an opening and closing mechanism (this mechanism being defined by various components that moves when tube is to installed or removed from the pump; the components being occlusion bed 20, pinion 30 and rack 32 assembly, door 16 and connections between 20, 30, 32 and 16; occlusion bed 20 is connected to the door 16 via pinon and rack assembly such that opening and closing of the door results in sliding of the occlusion bed in view of disclosure in ¶24) comprising:
a slider (labelled in fig. B below or rack 32, see fig. 1);
a tube pressuring portion (see fig. B below) coupled to the slider (32) and comprising a tube engaging surface (see fig. B below: labeled “S”);
a tube holder (see fig. B below) coupled to the slider (tube holder is considered to be “coupled” to the slider since they are linked such that the state or motion of one affects the other when the door is opened and closed) comprising an inlet engaging portion (see fig. B below: labeled “ip”) and an outlet engaging portion (see fig. B below: labeled “op”) [in view of figs. 1 and 6: for instance, upon opening and closing of the cover/door 16, the asserted inlet and outlet engaging portions (partial surfaces in clamping portion 40) engages with C shaped inlet and outlet component 38 in the housing 12]; and
a pivotable cover (16, fig. 1) coupled to the housing (12) and the slider (32),
wherein the slider (32) engages the pivotable cover such that (see ¶24-¶26, ¶28), in response to closing and opening the pivotable cover, the tube engaging surface (“S”) of the tube pressuring portion slides towards and away from the rotor (14), the inlet engaging portion (“ip”) slides towards and away from an inner surface (see fig. B below: labeled “is1”) of the tube inlet, and the outlet engaging portion (“op”) slides towards and away from an inner surface (see fig. B below: labeled “is2”) of the tube outlet, respectively.
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Fig. B: Edited fig. 1 of Stemple to show claim interpretation.
Stemple does not teach the pump, wherein the opening and closing mechanism comprises: “an adjustment element configured to move a tube engaging surface of the tube pressuring portion toward and away from the rotor to adjust the peristaltic pump to various system pressures”; and “an elastic element connected to the adjustment element such that tension in the elastic element is adjustable”.
However, Thomas teaches a peristaltic pump comprising (see fig. 3): an adjustment element (44) configured to move a tube engaging surface (38) of the tube pressuring portion (36) toward and away from the rotor (18) to adjust the peristaltic pump to various system pressures (107 is capable of performing claimed function, see col. 3, lines 48-54); and an elastic element (42) connected to the adjustment element (44) such that tension in the elastic element is adjustable.
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to modify the tube pressuring portion in Stemple’s pump for providing an adjustment element and an elastic element as taught by Thomas to adjust the force with which the tube pressuring portion is pressed against the associated tube, as recognized by Thomas (see col. 3, lines 48-54).
In reference to claim 2, Stemple teaches the peristaltic pump, further comprising a motor (motor = any power unit that generates motion; the motor being inherently present for rotating the rotor 14 in order to pump desired fluid) configured to rotate the rotor (14).
In reference to claim 3, Stemple teaches the peristaltic pump, wherein:
the slider (32, see fig. 4A) comprise a post (protrusion/tooth that interacts with pinion 30); and
the pivotable cover (16) engages (via 30) the post in response to closing and opening the pivotable cover (opening and closing of the cover engages the post/slider to move).
In reference to claim 4, Stemple teaches the peristaltic pump, wherein the pivotable cover (16) comprises a rotating shaft (18, see fig. 4A) and an extension (30, see fig. 4A) extending radially from the rotating shaft; closing and opening of the pivotable cover (16) rotates the pivotable cover about the rotating shaft, and wherein the extension (30) engages the post in response to closing and opening the pivotable cover.
In reference to claim 5, Stemple teaches the peristaltic pump, wherein the extension (30) comprises a roller (30 is a rotatable body and thus is considered to be a roller; alternatively, “roller” = circular rotatable body on which gear teeth are provided) that contacts the post (tooth on rack 32) where the extension (30) engages the post in response to closing and opening the pivotable cover (16).
In reference to claim 14, Stemple, as modified, teaches the peristaltic pump, wherein the tube pressuring portion (of Stemple) includes a stop element (in view of Thomas’s fig. 3: “stop element” = recessed space/wall in tube pressuring portion 36 corresponding to components 44 and 42) configured to engage the adjustment element (44; of Thomas) such that the adjustment element cannot move any longer once tension in the elastic element (42; of Thomas) is set.
In reference to claim 15, Stemple, as modified, teaches the peristaltic pump, wherein the elastic element (42; of Thomas) is a spring (see col. 3, line 49) and wherein the adjustment element (44; of Thomas) is a screw (as evident from fig. 3 of Thomas).
In reference to claim 18, Stemple teaches the peristaltic pump, wherein the rotor (14) comprises a plurality of tube rollers (52) configured to press tubing against the tube pressuring portion (labeled in fig. B above).
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Stemple in view of Thomas, Jarnagin et al. (US 2013/0115120 – Jarnagin; cited by applicant on IDS dated 05/12/2025) and Schmitz, Rudolf (US 5,401,328 – herein after Schmitz; cited by applicant on IDS dated 05/12/2025).
Regarding claim 6,
Stemple teaches the peristaltic pump, wherein: the housing (12) includes a sensor (inductive sensor 26, see¶23), wherein the sensor is arranged to detect whether the pivotable cover is open or closed (as per disclosure in ¶24).
Stemple does not teach the peristaltic pump, wherein the rotating shaft (18, in fig. 5) includes a sensor element (additional sensor) and the sensor element is arranged to detect whether the pivotable cover is open or closed.
However, Jarnagin teaches a similar peristaltic pump. Jarnagin discloses (see ¶49) “One or more sensors may also be provided in pump assemblies of the present invention for sensing when the pivoting door is in a closed and/or open condition. Suitable sensors are well known in the art. The sensor(s) may communicate with control mechanisms to provide safety and control features. In one embodiment, for example, movement of the rotor assembly is enabled only when the pivoting door is fully closed and the sensor confirms the closed condition. In another embodiment, movement of the rotor assembly is disabled in all door positions other than when the door is fully closed and the sensor(s) activated” and Schmitz teaches (see fig. 2 and col. 4, lines 54-58) one of the known arrangements of a sensor element (61 limit switch) connected to a hinge (5) for sensing opening of the door (4).
Stemple’s rotating shaft (18, in fig. 5) is equivalent of a hinge. Jarnagin states that “one or more sensors may be provided for sensing when the pivoting door is in a closed and/or open condition” in the peristaltic pump. Schmitz teaches one of the ways that sensor can be coupled to the hinge. Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to provide the asserted rotating shaft in the Stemple’s pump with additional Stemple’s inductive “door open” sensor for ensuring the door is fully closed and/or opened. Furthermore, (a) an additional sensor could act as a fail-safe mechanism (if one sensor fails or malfunctions, the other sensor can provide the feedback) or (b) readings from two sensors can be cross-verified, thus reducing the chance of false positives or negatives regarding the door status.
Regarding claim 7,
Stemple, as modified, teaches the peristaltic pump, wherein the sensor comprises a magnetic sensor or an electromechanical sensor (the sensor 26 is an inductive sensor which is considered to be a magnetic sensor or an electromechanical sensor; furthermore see ¶23 of Stemple: “While an inductive sensor has been disclosed, one of ordinary skill in the art will recognize that other types of sensors may also be used to sense the open condition of the door”).
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Stemple in view of Thomas and Lenton D F (GB 2069063A – herein after Lenton).
Stemple remains silent on the peristaltic pump, further comprising a ball bearing arranged around the rotating shaft, as in claim 9; and wherein the extension comprises at least a portion of the ball bearing, as in claim 10.
However, Lenton teaches a peristaltic pump further comprising a ball bearing (114, see fig. 4) arranged around the rotating shaft (23), as in claim 9; and wherein the extension (pinion member 110) comprises at least a portion of the ball bearing (14), as in claim 10.
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to provide a ball bearing as taught by Lenton between the rotating shaft (which is shaft 18) and the extension (which is pinion 30) in the peristaltic pump of Stemple for the well-known purpose of reducing friction and supporting load.
Claims 16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Stemple in view of Thomas and further in view of Bastian, J.W. (US 3,353,491 – herein after Bastian; cited by applicant on IDS dated 05/12/2025).
Regarding claim 16,
Stemple, as modified, teaches the peristaltic pump, wherein the elastic element is a rubber element.
However, Bastian teaches (see col. 4, lines 32-40 and figs. 1-2) that the type of elastic element (46a/46b) utilized in a peristaltic pump is dependent a viscosity of the pumped fluid.
Since applicant in the instant application has not disclosed any criticality associated with the elastic element being “a rubber element” shape (for instance, see ¶93 of filed specification), it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to modify the elastic element to be a rubber element in the modified Stemple’s peristaltic pump as a matter of design choice since the type of elastic element utilized in a peristaltic pump is dependent a viscosity of the pumped fluid (as recognized by Bastian above). One of ordinary skill in the art, furthermore, would have expected modified Stemple’s pump to perform equally well with the claimed rubber element.
Regarding claim 19,
Stemple, as modified, remains silent on the peristaltic pump, wherein the elastic element includes two elastic elements connected to the adjustment element.
However, Bastian teaches (see col. 4, lines 32-34 and figs. 1-2) that number of elastic elements utilized in a peristaltic pump affects the pressures obtained. Bastian, thus uses, two elastic elements for obtaining more uniform pressures.
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to use two elastic elements as taught by Bastian in the modified Stemple’s peristaltic pump for the purpose of obtaining more uniform pressures in the peristaltic pump, as recognized by Bastian above.
Allowable Subject Matter
Claim 17 is 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:
The prior art of record alone or in combination fails to teach the peristaltic pump, further comprising “an adjustable adapter, wherein the elastic element is connected to the slider via the adjustable adapter”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Van, Stell James (US 2020/0025190) teaches a tube retention mechanism usable with a peristaltic pump.
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/CHIRAG JARIWALA/Examiner, Art Unit 3746
/ESSAMA OMGBA/Supervisory Patent Examiner, Art Unit 3746