CTNF 19/261,532 CTNF 82779 DETAILED ACTION Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1, 4-6, 9-11, 14-16, 19, and 20 rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Allen 4,202,212 . Allen discloses, regarding claim 1 , a pump 10 comprising: a housing 47 defining a chamber (within 47); a piston 22 disposed within the chamber (47) and operable between a first position and a second position; at least one biasing member 38 biasing the piston 22 toward the first position; and an actuator cable 20 having a first portion routed into the chamber (47) and slidably connected to the piston 22 (see how piston 22 and cable 20 assembly slide together in Fig. 5), the actuator cable 20 moving the piston 22 from the first position to the second position against the force of the biasing member 38 when the actuator cable 20 is placed under tension to draw fluid into the housing; Re claim 4 , wherein the at least one biasing member comprises a coil spring 38 disposed between the piston 22 and an endcap of the housing 47 (clearly shown in Fig. 5); Re claim 5 , wherein the housing 47 further comprises an inlet check valve 36 that permits fluid to flow into the chamber when the piston 22 moves from the first position to the second position; Re claim 6 , wherein the housing further comprises an exhaust check valve 42 that permits fluid to flow out of the chamber 47 when the piston 22 returns from the second position to the first position; Re claim 9 , wherein the actuator cable 20 is configured to be pulled in a tightening direction to move the piston 22 and, upon release, is drawn back into the chamber 47 by the biasing member 38; Re claim 10 , wherein the actuator cable 20 includes a serpentine shape within the housing 47 (see how the cable 20 is wrapped in a serpentine shape around 24). Allen discloses, regarding claim 11 , a pump comprising: a housing 47 defining a chamber (within 37); a piston 22 disposed within the chamber and operable between a first position and a second position; at least one biasing member 38 biasing the piston 22 toward the first position; and an actuator cable 20 having a first portion routed into the chamber, connected to the piston 22, and having a serpentine shape (see how the cable 20 is wrapped in a serpentine shape around 24), the actuator cable 20 moving the piston 22 from the first position to the second position against the force of the biasing member 38 when the actuator cable 20 is placed under tension to draw fluid into the housing 47; Re claim 14 , wherein the at least one biasing member comprises a coil spring 38 disposed between the piston 22 and an endcap of the housing 47 (clearly shown in Fig. 5); Re claim 15 , wherein the housing 47 further comprises an inlet check valve 36 that permits fluid to flow into the chamber when the piston 22 moves from the first position to the second position; Re claim 16 , wherein the housing further comprises an exhaust check valve 42 that permits fluid to flow out of the chamber 47 when the piston 22 returns from the second position to the first position; Re claim 19 , wherein the actuator cable 20 is configured to be pulled in a tightening direction to move the piston 22 and, upon release, is drawn back into the chamber by the biasing member 38; Re claim 20 , wherein the first portion of the actuator cable 20 includes a first length within the housing 47 when the piston 22 is in the first position and a second length within the housing 47 that is shorter than the first length when the piston 22 is in the second position (this is clearly the case, see Fig. 5) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Allen 4,202,212 . Allen discloses the claimed invention except for the actuator cable being specifically formed from a high modulus polyethylene fiber or a lubricous monofilament polymer. Nevertheless, it would have been obvious to one having ordinary skill in the art at the time the invention was made to form the cable from one of these materials since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960)) (see MPEP 2144.07 - Art Recognized Suitability for an Intended Purpose) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 2-3, 8, 12-13, and 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Peter J Bertheaud whose telephone number is (571)272-3476. The examiner can normally be reached 9am - 5pm M-F. 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, Devon Kramer can be reached at 5712727118. 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. PJB /PETER J BERTHEAUD/Primary Examiner, Art Unit 3746 Application/Control Number: 19/261,532 Page 2 Art Unit: 3746 Application/Control Number: 19/261,532 Page 3 Art Unit: 3746 Application/Control Number: 19/261,532 Page 4 Art Unit: 3746 Application/Control Number: 19/261,532 Page 5 Art Unit: 3746
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