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 .
Election/Restrictions
In light of Applicant’s claim amendments filed on 8/18/2026, Examiner has withdrawn his Requirement for Restriction/Election. As such, claims 1-20 will be examined in full.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: PERISTALTIC PUMP WITH DRIVE PLATE AND PIVOTING ROLLER ARM ARRANGEMENT
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kiyoi (JP2006219991A).
Claim 1: Kiyoi discloses a peristaltic pump that could be used for an aquatic application (Figs. 2-7), the peristaltic pump comprising a first drive plate (16-2); a second drive plate (16-3); a tube (18) for transferring fluid, the tube at least partially surrounding the first drive plate and the second drive plate (see Figs. 2-3); and an actuatable roller assembly (17/20) coupled to the first drive plate and the second drive plate, the actuatable roller assembly including at least one roller arm (20), a first pin (note top portion of 17-1) extending axially outward from the at least one roller arm (Figs. 2-7), the first pin designed to slidably engage the first drive plate (Figs. 2-7), and a second pin (note bottom portion of 17-1) extending axially outward from the at least one roller arm (Figs. 2-7), the second pin designed to slidably engage the second drive plate (Figs. 2-7), wherein the at least one roller arm moves radially outward (note extension of arm from Fig. 6 to Fig. 7) and applies pressure to the tube when the pump is rotated in a first direction (Figs. 3 and 7; paragraph 20), and the at least one roller arm moves radially inward and removes pressure from the tube when the pump is rotated in a second direction (Figs. 3 and 6; paragraph 20).
Claim 2: Kiyoi further discloses that the first pin extends from a first side of the at least one roller arm and the second pin extends from a second side of the at least one roller arm (Figs. 2-7).
Claim 3: Kiyoi further discloses that the first pin is substantially orthogonal to the first side and substantially parallel to a rotational axis of the first drive plate and the second drive plate (Figs. 2-7), and the second pin is substantially orthogonal to the second side and substantially parallel to the rotational axis (Figs. 2-7).
Claim 4: Kiyoi further discloses that the at least one roller arm is configured to pivot about a pivot axis (note axis 16-1 around which 20 rotates).
Claim 5: Kiyoi further discloses that the first drive plate includes a first cam slot (16-4) by which the first pin slidably engages the first drive plate and the second drive plate includes a second cam slot (16-5) by which the second pin slidably engages the second drive plate.
Claim 6: Kiyoi further discloses that the at least one roller arm pivots radially inward and radially outward via the slidable engagement of the first pin with the first drive plate and the slidable engagement of the second pin with the second drive plate (as can be appreciated from Figs. 6-7).
Claim 7: Kiyoi further discloses that the first pin engages a first radially outer end (note b of 16-4) of the first cam slot and the second pin engages a second radially outer end (note b of 16-5) of the second cam slot when the pump is rotated in the first direction.
Claim 8: Kiyoi further discloses that the first pin engages a first radially inner end of the first cam slot (note a of 16-4) and the second pin engages a second radially inner end (note a of 16-5) of the second cam slot when the pump is rotated in the second direction.
Claim 9: Kiyoi further discloses that in a first mode the peristaltic pump is configured to rotate in the first direction the at least one roller arm of an actuatable roller assembly applies pressure to the tube to cause fluid to move through the tube (paragraph 20, note X position; in a second mode, the peristaltic pump is not rotating and the at least one roller arm applies pressure to the tube to cause fluid to be retained in the tube (Figs. 6-7, Examiner noting that in transition to the first and third mode, the pump will necessarily be at a stopping juncture in the which pressure will still be applied to the tube causing fluid to be retained; paragraph 14); and in a third mode, the peristaltic pump rotates in the second direction opposite the first direction, or is stopped after having been rotated in the second direction, and the at least one roller arm does not apply pressure to the tube, allowing fluid to flow freely through the tube (paragraph 20, note Y position).
Claim 10: Kiyoi further discloses that the at least one roller arm causes a predetermined volume of fluid to exit the tube in the first mode (paragraph 14, note stable fluid pumping amount with respect to the pumping rotation).
Claim 11: Kiyoi further discloses that the at least one roller arm pinches the tube to prevent fluid from entering or exiting the tube in the second mode (paragraph 14).
Claim 12: Kiyoi further discloses that pivoting the at least one roller arm to a radially outward position in the first mode and the second mode and pivoting the at least one roller arm to a radially inward position in the third mode (as can be appreciated from Figs. 6-7).
Claim 13: Kiyoi further discloses that the first drive plate is configured to pivot the at least one roller arm between the radially outward position and the radially inward position (as can be appreciated from Figs. 6-7).
Claim 14: Kiyoi further discloses that the at least one roller arm moves between the radially outward position and the radially inward position via the slidable engagement of the first pin with the first drive plate (as can be appreciated from Figs. 6-7).
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) 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kiyoi (JP2006219991A) in view of Stenner (US 3,756,752).
Claim 15: Kiyoi discloses a peristaltic pump (Figs. 2-7) comprising a drive shaft (16-1); a drive plate (one of 16-3/16-2) coupled to the drive shaft, the drive plate including a cam slot (note 16-5/16-4) with a radially inner end and a radially outer end (a/b); a tube (18) in fluid communication with a fluid; and an actuatable roller assembly (17/20) having a roller arm (20) and a pin (17-1) extending axially outward from the roller arm, the pin being slidably engaged with the cam slot (note Fig. 2), wherein the roller arm pivots radially outward to press against the tube by way of the pin engaging the radially outer end of the cam slot (note extension of arm from Fig. 6 to Fig. 7) and the roller arm pivots radially inward away from the tube by way of the pin engaging the radially inner end of the cam slot (Figs. 3 and 6; paragraph 20). Kiyoi is not explicit about a motor. However, Stenner teaches a peristaltic arrangement whose gear element (52) is driven with a motor (53). It would have been obvious before the effective filing date of the invention to a skilled artisan to utilize a motor as taught by Stenner into the apparatus of Kiyoi in order to precisely control and automate (via electricity) the operation of the pump.
Claim 16: Kiyoi and Stenner teach the previous limitations. Kiyoi further discloses that the pin engages the radially outer end when the motor rotates in a first direction and the pin engages the radially inner end when the motor rotates in a second direction opposite the first direction (see Figs. 5-7).
Claim 17: Kiyoi and Stenner teach the previous limitations. Kiyoi further discloses that the drive plate is provided in the form of a circular disc (Fig. 5), and the tube is positioned to at least partially encircle the circumference of the circular disc (Figs. 2-3).
Claim 18: Kiyoi and Stenner teach the previous limitations. Kiyoi further discloses that the tube has an inlet and an outlet and is configured to transfer the fluid between the inlet and the outlet (as can be appreciated from Figs. 1-2).
Claim 19: Kiyoi and Stenner teach the previous limitations. Kiyoi further discloses that the radially inner end of the cam slot is positioned further from the outer circumference of the drive plate than the radially outer end of the cam slot (Fig. 5).
Claim 20: Kiyoi and Stenner teach the previous limitations. Kiyoi further discloses that pressurized fluid can freely flow through the tube when the roller arm is pivoted radially inward away from the tube (paragraph 20, note Y position).
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.
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/NATHAN C ZOLLINGER/Primary Examiner, Art Unit 3746
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