9}“ UNaTED 9-TATLS DEPARTMENT OF COMMERCE
`'
`Patent and Trademark Offlce
`yi
`Address:
`COMMISSIONER or mrerrrs mo TRADEMARKS
`Washington. 13.0. 20231
`nmm
`
`ca
`
`EIEl.".'T1"~l -- U U 1 A
`
`" '|'1I_.I'.T! v’ -3 F4 I II!
`
`—|
`
`EXAMINER
`='_=;Rmr _. N
`
`-'_+7«.1«5'»
`one HAILED:
`
`,7
`
`'3 '3' /' 1 '-‘ / '3'?’
`
`Please flnd below andior auached en Olllce communication concerning this application or
`proceeding.
`
`Gommluloner of Patent: and Trademetka
`
`PTO-soc [Flew-. 2:95)
`
`1. sum cup,-
`
`ACTA EX. 1004-001
`
`0 :
` °
`
`‘:5
`
`“ma 0'
`
`flu -_f'+=.-*4 "r
`
`ACTA Ex. 1004-001
`
`

`
`office Action summary
`
`Applicantlal
`
`Pippiication No.
`09i1B5,D52
`Examim.-r
`
`Mouhayad at al.
`I”
`'|'|i|
`Group Art Unit
`|
`lilriillill Ill
`I .i
`
`I.
`
`'.
`
`I
`
`|Xl Responsive to communicationlsl filed on Nov. 9, 3998; Jan. 2?, I999; Aprr? re, 1999 and June 1?‘, 1939
`
`U This action is FINAL.
`
`Ll Since this application is in condition for allowance except for formal matters, prosecution as to the merits is closed
`In accordance with the practice under Ex parte Quayle, ‘I935 C.D. 11; 453 0.G. 213.
`
`monthlsl. or thirty days, whichever
`3
`A shortened statutory period ‘for response to this action is set to expire
`is longer. from the mailing date of this communication. Failure to respond within the period for response will cause the
`application to become abandoned.
`(35 US.(:. § 133). Extensions of time may be obtained under the provisions of
`3? CFR i.135lal.
`
`Disposition of Claims
`
`[8] Claimlsl E
`
`Of the above, clairntsi
`
`i_ i Claimlsl T _
`
`Ki Claimlsl I-64
`
`i _| Claimlsl _
`
`5...! Claims _
`
`isiare pending in the appiication.
`
`_ israre withdrawn from consideration.
`
`T isiare allowed.
`
`isiare rejected.
`
`isiare objected to.
`
`are subject to restriction or election requirement.
`
`Application Papers
`K3 See the attached Notice of Dreitsperscn's Patent Drawing Review, PTO-948.
`
`Nov 9: L998
`K.‘ The drawinglsl filed on _
`C The proposed drawing correction. filed on
`l—_ The specification is objected to by the Examiner.
`
`isiare objected to by the Examiner.
`is
`l._'epproved
`
`Cliisapproved.
`
`ii The oath or declaration is objected to by the Examiner.
`
`Priority under 35 U.S.C. § 119
`§ 119(3)-id}.
`I_ Acknowledgement is made of a claim for foreign priority under 35 U.5.C.
`El All I Some’ DNone
`of the CERTIFEED copies of the priority documents have been
`received.
`
`_ received in Application No. (Series Codeiserial Number:
`
`_ received in this national stage application from the International Bureau IPCT Rule 17.2iaii.
`‘Certified copies not received: _
`D Acknowledgement is made of a ciaim for domestic prioritv under 35 U.S.C. § 119{ei.
`
`Attachmentlsl
`El Notice of References Cited. PTO-892
`[X] Information Disclosure Statementlsl. PTO-1449, Paper Nols}.
`l—i Interview Summary. PTO~413
`‘Xi Notice of Draftspersorfs Patent Drawing Review, PTO-94-B
`Ii Notice of informal Patent Application, PTO—152
`
`2
`
`U. S. Palunl and Trademark Olfici
`FTO—326 (Rev. 9-95}
`
`Office Action Summary
`
`Part of Paper No.
`
`7
`
`--- SEE OFFICE ACTION ON THE FOLLOWING PAGES --
`
`-
`
`T.
`
`_________._ _ _ _
`
`ACTA EX. 1004-002
`
`ACTA Ex. 1004-002
`
`

`
`Applicatiorifcontrol Number: 09!1 89,052
`
`Art Unit: 3746
`
`Page 2
`
`DETAILED ACTION
`
`Drawings
`
`1.
`
`This application has been filed with informal drawings which are acceptable for
`
`examination purposes only. Formal drawings will be required when the application is allowed.
`
`2.
`
`In FIG. 6 of the drawings, numerai “1B6" should probably be —-18b--. Correction is
`
`required.
`
`3.
`
`if applicant wishes to claim subj ect matter claimed in claim 22, the drawings must
`
`demonstrate the connection between the platen member and pinch arm to move pinch arm from
`
`closed position to open position.
`4.
`The drawings do not show a platen sensor and a tubing sensor connected in series. Either
`
`the drawings should be corrected to show this relation or claims 11 and 28 should be cancelled.
`
`Specification
`
`4.
`
`Some minor errors in spelling are present in the specification. Attention is directed to
`
`page 21, line 10, “t'tctional1y” and to page 35, line 21, “mirocontrol]er". Appropriate correction
`
`is required.
`
`5.
`
`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.
`
`6.
`
`The following title is suggested: CURVILINEAR PERISTALTIC PUMP HAVING
`
`INSERTABLE TUBING ASSEMBLY.
`
`ACTA EX. 1004-003
`
`ACTA Ex. 1004-003
`
`

`
`ApplicationfControl Number: 09:’ 1 89,052
`
`Page 3
`
`Art Unit: 3746
`
`7.
`
`Reference to a microfiche appendix is made at page 38, lines 8-I0 ofthe specification.
`
`A reference to a microficlte appendix should appear at the beginning of the specification and
`
`should indicate the total number of microfiche and the total number of frames . See. 37 CFR
`
`1.17 (a)(6); 3? CFR l.96(c); MPEP 608.05. Correction is required.
`
`Claim Objections
`
`8.
`
`in claim 4, line 16, the term “being operable" is objected to. The actual structure which
`
`makes the optical sensor able to determine the beginning and end of a pump cycle should be
`
`recited or “means for" language should be utilized.
`
`ln claim 5, line 5, “is shaped" is objected to. The shape should be described or the
`
`language “is shaped” should be deleted from the claim.
`
`In claim 13, lines 4-5, the language “members being biased radially outwardly" is
`
`objected to. The element which does the biasing should be positively recited.
`
`Claim Rejections - 35 USC § H2
`
`9.
`
`The following is a quotation ofthe second paragraph of 35 U.S.C. 112:
`
`The specification shall conclude with one or more claims particularly pointing out and
`distinctly claiming the subject matter which the applicant regards as his invention.
`
`ACTA EX. 1004-004
`
`ACTA Ex. 1004-004
`
`

`
`Applicationi"Contro| Number: 09!l89,052
`
`Page 4
`
`Art Unit: 3746
`
`I0.
`
`Claims I 1, 22-26, 28, 37‘, 41 and 5?—60 are rejected under 35 U.S.C. ll2, second
`
`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
`
`matter which applicant regards as the invention.
`
`Claims 11 and 28 claim a platen sensor and tubing sensor connected in series. The
`
`drawings tlO not disclose a platen sensor and tubing sensor connected in series thereby rendering
`
`claims ll and 28 indefinite.
`
`At line 5 of claim 22, the language “sized and configured" does not distinctly claim what
`
`applicant regards as l1is invention. Furthermore, the specification does not adequately describe
`
`how and the drawings to not portray how and where the platen member contacts the pinch arm
`
`106. Therefore, claim 22 is rendered indefinite. The “sired and configured" language
`
`appearing at lines 2-3 of page 28 of the specification should be amended with specific language
`
`which teaches the struclut'e and interconnections which perform the opening and closing of the
`
`shut-off valve.
`
`Further, the drawings should be amended to show how and where the shut-of1'
`
`valve is contacted to obtain an "open” position. Otherwise claim 22 should be canceled.
`
`Claims 23-26 are rendered indefinite by depending from claim 22.
`
`Further, claim 24 is indefinite because the specification does not provide an adequate
`
`disclosure as to how to make and use a pinch arm with a breakable detent tab such that upon
`
`removing the detent tab the pinch arm is maintained in a closed position. The specification
`
`should be amended to include a descriptive disclosure concerning the workings of the detent tab.
`
`ACTA EX. 1004-005
`
`ACTA Ex. 1004-005
`
`

`
`ApplicationtControl Number‘: 09!’l89,(iS2
`
`Page 5
`
`Art Unit: 3746
`
`Claims 3? and 41 are rendered indefinite for the same reasons given for claim 24 above.
`
`Claim 57 is an independent claim from which claims 58-60 depend.
`
`Claim 57 claims at least one locating member positionable upon tl1e tubing which
`
`“ensures" tltat a portion of tlie tubing is in contact with the pump fingers.
`
`Having one locating member attached to resilient tubing with the member being inserted
`
`into the pump will not ensure that a portion ofthe tubing is in Contact with the pump fingers.
`
`Two “locating members" connected to tl1e tubing and inserted into the housing are required to
`
`“ensure” contact with the pump fingers. Accordingly, ciaim 57 does not distinctly claim the
`
`subject matter which applicants‘ regard as their invention.
`
`Ct'm'm Rejer:rr'ons - 35 USC § 102
`
`ll.
`
`The following is a quotation ofthe appropriate paragraphs of 35 U.S.C. lU2 that form the
`
`basis for the rejections under this section tirade in this Office action:
`
`A person shall be entitled to a patent unless --
`
`(b) the invention was patented or described in a printed publication in this or a foreign country or in public use
`or on sale in this country, more than one year prior to the date of application for patent in the United States.
`
`I2.
`
`Claims I. 5, 13, 14, and 15 are rejected under 35 U.S.C. 102 (b) as being anticipated by
`
`Jester {5,57S,63 1).
`
`__.___._. .. - ___T_
`
`__
`
`.._
`
`ACTA EX. 1004-006
`
`ACTA Ex. 1004-006
`
`

`
`Appiication;"Cont1'ol Number: 09;’ 189,052
`Art Unit: 3746
`
`Page 6
`
`Lag ‘63l discloses a housing, a platen member, a rotatable cam, a drive unit disposed in
`
`the housing and coupled to the cam, a plurality of pump fingers having first and second ends
`
`which are moved radially inwardly and outwardly, and a portion of tubing extended between the
`
`platen member and second ends of the pump fingers as claimed in claim 1.
`
`,@Le_r in column 3, lines 15-55 discloses sequential movement of fingers such that the
`
`cam is shaped to engage the beginning and end of the fingers as the cam is rotated (Le, a cycle.)
`
`as is claimed in claim 5.
`
`Lester ‘63l teaches pinch members attached to pump fingers which are outwardly biased
`
`as is claimed in claim 13.
`
`1e_ster_‘63l demonstrates every aspect of claim 14 including a transverse slot, into which
`
`is disposed the second end of the pump fingers, and each of the pinch members having a base
`
`portion and a finger portion having a finger tip.
`
`% ‘63l demonstrates every aspect as claimed in claim 15 including a plurality of
`
`roller members rotatably mounted on the pump fingers and the pump fingers engaging the cam
`
`via the roller members.
`
`13.
`
`Claim 31 is rejected under 35 U.S.C. 102 (b) as being anticipated by SancLf‘f_ct_aL
`
`(5,078,683).
`
`fignggff et al, disclose in FIG.
`
`1 every element claimed in claim 31 including
`
`a length of resilient tubing, a tubing locator pin 23, and a shut-off valve 23 attached to the tubing.
`
`ACTA EX. 1004-007
`
`ACTA Ex. 1004-007
`
`

`
`Applieationfcontrot Number: 09:’ 1 89,052
`
`Art Unit: 3746
`
`Page 7
`
`14.
`
`Claims 38-40 are rejected under 35 U.S.C. l02(b} as being anticipated by}Er_en3;l1
`
`refflncg 1,529,535.
`
`Erench reference ‘$35 discloses every element claimed in claims 38-40.
`
`I“fi3;2h
`
`reference Ԥ35 discloses a valve body having an opening for the tubing and a pinch arm movably
`
`attached to the valve body with the pinch arm being movable between an uncompressed, open
`
`position and a compressed, closed position as claimed in claim 38.
`
`The aforementioned French reference discloses a biasing member for biasing the pinch
`
`arm to a closed position as claimed in claim 39 and discloses a spring extending between the
`
`valve body a11d the pinch amt as claimed in claint 40.
`
`I5.
`
`Claims 61-62 are rejected under 35 U.S.C. 102(b) as being anticipated by/Jig
`
`Esta discloses a length ofresilient tubing 28 and tubing locator members, i.e., pump fingers 66
`
`which contact the tubing. The pinch members are removably insertable and fit into
`
`corresponding slots 70. The pinch members have an arrow-like shape and contact the tubing.
`
`Thus, the pinch members can be viewed as tubing locator members.
`
`Claini Rejections - 35 USC § I03
`
`16.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(at) A patent may not be obtained though the invention is not identically disclosed or described as set forth in
`section [02 of this title, ifthe differences between the subject matter sought to be patented and the prior art are
`such that the subject matter as a whole would have been obvious at the time the invention was made to a person
`having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the
`manner in which the invention was made.
`
`ACTA EX. 1004-008
`
`ACTA Ex. 1004-008
`
`

`
`ApplicationfControl Number: 09i'189,052
`
`Page 8
`
`Art Unit: 3746
`
`1?.
`
`Claim 2 is rejected under 35 U.S.C. 103{a} as being unpatentable overlester “I531 in
`
`view of(_3gmgi1(3,0l1,684).
`
`Jestgg discloses all of the elements of claim 1 as indicated above and further discloses a
`
`cam axle or shaft 32 and an electric motor 36 having a shaft 38. Eta; does not disclose a worm
`
`gear attacht d to the cam shaft and does not disclose a worm mounted to the motor gear as
`
`claimed in claim 2. However, mtg at lines 10-14 of column three states that if desired, a gear
`
`system could be used in place of belt 42. Qiufl discloses a cam shaft 5 having gear 1’? which
`
`engages a gear 16 of motor shaft 15.
`
`ll would have been obvious to one of ordinary skill in the
`
`art at the time of the invention claimed in claim 2 to use a gear system as disclosed in Q_o;m:il in
`
`place ofthe belt drive disclosed in m in view ofthe suggestion by m.
`
`18.
`
`Claims 3-4 are rejected under 35 U.S.C. l03(a) as being unpatentable over Jgster
`
`in view ofgomeij as applied to claim 2 above. and further in view of Ggrdon et gl. (-$869,646).
`
`As discussed above, fi5t_e[ and Qgmefidisclose the invention substantially as claimed in
`
`claim 2.
`
`Neither 1 nor Qrmggil disclose a motor speed control to increase the rotational speed
`
`of the cam between pump cycles as claimed in claim 3 or a motor speed control having an optical
`
`sensor and encoder wheel as disclosed in claim 4.
`
`Lioggjog et al. have recognized the problem of having a dead time frame during or
`
`between pump cycles as indicated at column 1, lines 32-50, so as to affect the constant rate of
`
`fluid flow through the pump.
`
`ACTA EX. 1004-009
`
`ACTA Ex. 1004-009
`
`

`
`ApplicationfCo11trol Number: 09;’ 1 89,052
`
`Page 9
`
`Art Unit: 3746
`
`Thus, gigmgn et al. disclose a speed control 15 to increase the rotational speed of the
`
`cam as needed such that fluid flow is constant throughout a cycle.
`
`In that maintaining a constant fluid flow rate through the pump is desirable, it would have
`
`been obvious to one of ordinary skill in the art at the time of the invention claimed in claim 3 to
`
`combine the speed control features taught by Gordon et al. with Je:m_[_ and §"{;pt'11_r:il to maintain
`
`a constant flow.
`
`Further, the speed control unit of Gordon et at. discloses an optical sensor (photo cells 30,
`
`32} and an encoder wheel or disk having transparent and opaque areas. The transparent areas
`
`are arranged on the disk such that when the light source 34 is between the transparent areas of the
`
`disk and the pliotocells, the photocells activate the motor to speed up the cam action to maintain
`
`a desired fluid flow. The difference between the encoder wheel claimed in claim 3 and that
`
`disclosed by Gordon et al. is that the encoder wheel of claim 3 instead of having transparent and
`
`opaque portions has been cut or shaped to have arms. The arm portions correspond to the opaque
`
`regions of the optical disc of tigrdon et al.
`
`An encoder wheel having arms and an encoder wheel having transparent and opaque
`
`regions were art recognized equivalents at the time of the claimed invention.
`
`It would have been
`
`obvious to use a disc having opaque and transparent portions because it would be easier to
`
`fabricate andfor more durable.
`
`19.
`
`Claim 6 is rejected under 35 U.S.C. l03(a) as being unpatentable over Jester.
`
`ACTA EX. 1004-010
`
`ACTA Ex. 1004-010
`
`

`
`Application/Control Number: 09!] 89,052
`Art Unit: 3746
`
`Page 10
`
`Jester discloses the invention as claimed in claim 1. Claim 6 claims that the cam of
`claim 1 comprises a four-lobe cam.
`Jester discloses, at the last paragraph of column 2, a multi-
`lobed cam and indicates for optimum performance with smallest size that a three-lobed cam is
`preferred. Jester indicates that cams having various numbers of lobes are known in the art. As
`
`such the utilization ofa four-lobe cam as claimed in claim 6 would have been obvious to one of
`ordinary skill in the art as the implementation ofa Four lobed cam can increase pump efficiency
`by increasing output per rotation ofthe motor.
`
`Claims 7-9 are rejected under 35 U.S.C. l03(a) as being unpatentable over mtg; in view
`20.
`ofllgpsanyi (4,671,792).
`
`Jester discloses the invention as claimed in claim I. Jester does not disclose a membrane
`as claimed in claims 7 and 8.
`
`Membranes which insulate tubing from a driving mechanism, e.g. fingers, in a peristaltic
`pump have been well-lmovvn in the art.
`
`Bgrsanyi discloses a membrane 30 connected to a housing which insulates the tubing
`from the pump driving members 16.
`
`In that insulating tubing from a driving member reduces wear and tear on the tubing, it
`would have been obvious to one of ordinary skill in the art at the time ofthe invention claimed in
`
`claim 7 to utilize a membrane such as disclosed in _[io;s_anyi_ to cover the pump fingers (i.e.,
`driving members) of the present invention to reduce wear.
`
`ACTA EX. 1004-011
`
`ACTA Ex. 1004-011
`
`

`
`Application!C‘ontrol Number: 09! 1 89,052
`
`Page 11
`
`Art Unit: 3'?46
`
`Jester discloses a platen member arranged in the manner claimed in claim 8 with the
`
`exception that a membrane is not disclosed by Jester.
`
`ijorsmyi discloses tubing which is
`
`extensible between a membrane and an inner surface of a platen member 32.
`
`Claim 9 depends from claim 8 and further claims that the platen member includes an over
`
`the center latch mechanism.
`
`,[_e_sL§g discloses a platen member having an over the center latch mechanism.
`
`Latching means are demonstrated in mgr by reference numerals 20, 22 and 24 (FIG. I).
`
`The over the center latch mechanism of Jester maintains the platen member in its operative
`
`position relative to the housing.
`
`2l.
`
`Claims 10-12 are rejected under 35 U.S.C. 103[a} as being tmpatentable over Jester and
`
`Borsanyi as applied to claim 8 above. and furtlrer in view ofDumas (5,531,680) and Natwick et
`
`&
`
`Jester and Qrgggigggj do not disclose a platen sensor or a tubing sensor as claimed in
`
`claim 10.
`
`Dumas discloses a sensor means 54, 58, 62 for determining if a platen is in a given
`
`position. A reflective sensor 54 determines if light is reflecting off a reflective surface 62
`
`positioned at a predetermined location on platen 22.
`
`If the light is reflected off the reflective
`
`surface 62, the sensor 54 can send a signal to a control means indicating the position of the
`
`pl alen.
`
`ACTA EX. 1004-012
`
`ACTA Ex. 1004-012
`
`

`
`Application!Control Number: 09’ 1 89,052
`Art Unit: 3746
`
`Page 12
`
`Natwick gt a], disclose a tithing detector 40 which determines iftubing is within a
`
`freeflow latch 38, column 8, lines 1-7. Since it is a desirable feature to have sensor means which
`
`detect the position ofa platen and tubing and such means were well—known in the art, it would
`
`have been obvious to one of ordinary skill in the art to combine the tubing detector of Eatwiek et
`
`a_l._ and the platen sensor of Dumas with Jester and Bogim/j_, Natwick et al._ in order to ensttre
`
`that the pump is assembled and operating properly.
`
`Natwi ck ct a]
`
`further discloses a door position detector electrically connected to a
`
`tubing detector (FIG. 23) connected to a CPU which is connected to a motor. Connecting
`
`sensing and detecting means electrically in series and connecting the sensing means and detection
`
`means to a control unit were well known in the an as indicated by Natwick et al.
`
`Thus, connecting a platen sensing means with a tubing detector means would have been
`
`obvious to one of ordinary skill in the art at the time of the claimed invention in order to prevent
`
`the operation of the pump when tubing is not properly installed andlor to prevent pump operation
`
`when the platen ( i.e., door mechanism) is not securely closed.
`
`Claim 12 defines the platen sensor ofclaim 10 as comprising the elements which
`
`comprise a Hall effect sensing means.
`
`lflatwick et al. I disclose a Hall sensor for detecting the
`
`home position ofa cant assembly (column 16, lines 46-56). When a magnet 250 located on the
`
`cam assembly is detected by the Hall sensor, i.e.. magnetic field sensor, the position of the cam
`
`assembly is thereby determined.
`
`l-[all effect sensors, at the time of the claimed invention, were
`
`not limited to detecting the position of cams and were well-known in the art.
`
`ACTA EX. 1004-013
`
`ACTA Ex. 1004-013
`
`

`
`Application./Control Number: 09! I 89,052
`
`Page 13
`
`Art Unit: 3746
`
`[1 would have been obvious in light oftlie teachings ofNatwick et a] to a person of
`
`ordinary skill in the art at the time oftlie invention claimed in claim 12 to utilize a Hall effect
`
`sensor for purposes of a platen sensor means in order to verify proper positioning of pump
`
`components during operation of the pump.
`
`22.
`
`Claim 16 is rejected under 35 USC. lt}3(a) as being unpateinable over gate; in view of
`
`ECT application WQ Q7f,34084..
`
`1 discloses every element claimed in claim I. 1 does not disclose pressure
`
`sensor members for engaging the tubing as claimed in claim 16. PQT application ‘Q34 discloses
`
`sensor members 80, 82 at page 13 and at FIG. 5.
`
`The device disclosed in PC! application ‘O54 is very similar to lestet; Since having
`
`means to detect occlusion in tubing are a most desirable feature, it would have been obvious to
`
`one of ordinary skill in the art to utilize the pressure detecting means disclosed in the
`
`aforementioned PCT application with fig;
`
`23.
`
`Claim l7 is rejected u:1dcr35 U.S.C. l03(a) as being unpatentable over J_es_1£r in view of
`
`£mumE and § (4.025,24l ).
`
`Egg discloses all oftlie elements claimed in claim 17 except that 1 does not
`
`disclose a tubing locator pin or a shutoff valve.
`
`Clemens ‘Z41 discloses pump tubing having external abutments 104, 105 (i.e., pins)
`
`which are placed over the lips of the pump housing and prevent movement of the tubing therein
`
`(column 4, lines 31-38).
`
`ACTA EX. 1004-014
`
`ACTA Ex. 1004-014
`
`

`
`Application:’Co11lrol Number: 091189352
`
`Page 14
`
`Art Unit: 3746
`
`French Lelerence l,522,53§ discloses a shutoff valve which is attachable to tubing at
`
`virtually any location so as to obstruct the flow of liquid at the point of attachment.
`
`Since it is desirable to have a shutoff valve attachable to the tubing of a peristaltic-type
`
`pump to prevent leakage during periods of non—operation and it is desirable to have means for
`
`properly positioning the tubing [e.g., pins or abutinents} to facilitate proper loading of the tubing,
`
`it would have been obvious to one of ordinary skill in the an at the time of the claimed invention
`
`to adapt the teachings of French Reference 1529535 and %_n1_e_ns with those of Jester by
`
`providing a shut-off valve and positioning means for the reasons cited.
`
`24.
`
`Claim 18 is rejected under 35 U.S.C. ]O3(a) as being unpatentable over Jester in view of
`
`Eggnch reference 1.529535 and Clemens (4-025,241), as applied to claim 17 above, and further
`
`in view offiancgfl et al. (5,078,683).
`
`The only limitation added to claim '17 by claim 18 is that the tubing is fabricated of
`
`polyvinyl chloride. PVC tubing was well-known in the art. Sancgll et al, demonstrate the use
`
`of PVC tubing at column 6, line 34. It would have been obvious to one of ordinary skill in the art
`
`to use PVC tubing in the invention claimed in claim 18 for the reasons which have made it
`
`conventional, such as low cost. reliability and sterility.
`
`ACTA EX. 1004-015
`
`ACTA Ex. 1004-015
`
`

`
`Application/Control Number: 0911 89,052
`Art U11it: 3746
`
`Page 15
`
`25.
`
`Claim 19-21 are rejected under 35 U.S.C. l03(a) as being unpatentable over 1Q5_Le1;in
`
`view ol‘Frencl_1 reference 1.52253; and Qlemeiis (4,025,241), as applied to claim 1? above, and
`
`further in view of Bgysanyi (4,67l,'z'92).
`
`The only {imitation added to claim 1? by claim 19 is a pliable member covering the ends
`
`ofthe pump fingers. Borsanyi discloses a pliable membrane 30 disposed between a tube 11 and
`
`pump actuating members 17.
`
`It would have been obvious to one of ordinary skill in the art at the
`
`time of the claimed invention to incorporate the pliable membrane of flggsgyfi in order to reduce
`
`the stress experienced by the tubing claimed in claim I7.
`
`Claim 20 further limits tl1e pump claimed in claim 19 by defining the platen member as
`
`having an arcuate generally concave iiuier surface and having a tubing locator pin removably
`
`insertable into the housing when the platen member is in a non-operative position.
`
`1 demonstrates a platen member having an arcuate generally concave inner surface
`
`with the platen member being capable of opening to a non-operative position as in FIG. 1.
`
`gllgmens ‘Q41 discloses pump tubing having external abutrnents 104, 105 (i.e., pins)
`which are placed over the lips ofthe pump housing and prevent movement of the tubing therein
`
`(column 4, lines 31-38).
`
`Frgttch rgfgggence 1,522,535 discloses a shutofl‘ valve which is attachable to tubing at
`
`virtually any location so as to obstruct the flow ofliquid at the point of attachment.
`
`___________ ____,_T_______
`
`_____
`
`_
`
`_____
`
`_..._.
`
`_-
`
`ACTA EX. 1004-016
`
`ACTA Ex. 1004-016
`
`

`
`ApplicationfControl Number: 09:0 89,052
`
`Page 16
`
`Art Unit: 3246
`
`In that a cutoff valve for shutting off fluid flow and abutments or pins for
`
`accommodating and securing a tube in a pump housing are desirable features, it would have been
`
`obvious to one of ordinary skill in the art at the time of the claimed invention to adapt % with
`
`French reference ‘535 and Clemens to prevent leakage during periods of non~operation and to
`
`facilitate proper loading ofthe tubing.
`
`Claim 21 further limits the pump claimed in claim 20 by defining the shut-off valve to
`
`include a valve body, and a pinch arm.
`
`French reference ‘535 discloses a shutoffvalve having a valve body 2 and pinch arm{s) 5,
`
`6 with the pinch arm being attached to the valve body. When in an open position, the pinch arm
`
`allows fluid to pass through the tubing l and, when in a closed position, the pinch arm prevents
`
`such flow.
`
`26.
`
`Claims 22, 23, 25-26 are rejected under 35 U.S.C. I03{a) as being unpatenlable over
`
`,1 ester in view of French reference l,§29,§3§_, Clemens (4,025,241) and flgrsanvi (4,671,792), as
`
`applied to claim 21, and further in view ofNatwic|_( et al. (5,322,422).
`
`Claim 22 further limits the pump claimed in claim 21 by defining the shutoff valve to
`
`have a biasing member and defines the platen to be sized and configured to move the pinch arm
`
`from a closed position to an open position and claim 23 defines the biasing member of claim 22
`
`to be a spring.
`
`ACTA EX. 1004-017
`
`ACTA Ex. 1004-017
`
`

`
`Applicationi'Control Number: 09i’l89,052
`
`Page 1'?
`
`Art Unit: 3746
`
`French reference ‘S35 discloses a biasing member (i.e. springs 7,8) which biases the
`
`pinch arms 5, 6. A peristaltic pump can, of course. encounter situations in which a shut-off
`
`valve is a desired feature. The shutoff valve of French reference ‘5 55 is activated to an open
`
`position by a force being applied to its pinch arms. Thus.
`
`it would have been obvious to one of
`
`ordinary skill in the art at the time ofthe claimed pump ofclairns 22-23 to adapt the shutoff
`
`valve of tl1e French reference and to adapt the platen member cl aimed in claim 21 to a size and
`
`configuration such that when the platen member was closed it would exert a force on the shutoff
`
`valve so as to open the valve allowing fluid flow therethrough. Such an adaptation is made the
`
`more obvious in light ofNatwick et al. which demonstrate a latch or valve mechanism 38 which
`
`clamps or shuts-off tubing when door or platen 78 is opened and allows fluid flow when the door
`
`or platen "F3 is closed. { FIG. 3, column 7, last paragraph).
`
`Claim 25 further limits claim 22 by defining pinch members. The pinch members
`
`taught by J_e_s_t_e; are structurally and functionally the same as applicants’ claimed structure as to
`
`render claim 25 unpatentable.
`
`Claim 26 further limits claim 25 by claiming a pinch member occludes a portion of the
`
`tubing before the platen is fully glosed.
`
`1 discloses a hingable, arcuate platen member. As the platen member of J_Qs1_er_is
`
`closed, the tubing at one end of the platen contacts pinch members just before pinch members at
`
`the other end of the platen come into Contact with a portion of the tubing. Accordingly, the
`
`invention claimed in claim 26 is unpatentable.
`
`.__._
`
`1.
`
`.
`
`_
`
`ACTA EX. 1004-018
`
`ACTA Ex. 1004-018
`
`

`
`ApplicationfContro1 Number: 09;’ 1 89,052
`
`Page 1 8
`
`Art Unit: 3746
`
`2?.
`
`Claim 2?-29 are rejected under 35 11.5.0 l03[a) as being nnpatentable over Ester in
`
`view of Fr§;_t}§hflf_:ere1]ci1 .522.i3_§_. Clflens (4,025,241) and Bgrsangi (4,671 ,'?92) as applied
`
`to claim 20 above, and further in view 0r and flatwick et a].
`
`Claim 2? further limits the pump claimed in claim 20 by defining the pump as further
`
`comprising a platen sensor and a tubing sensor.
`
`D_tgg_as discloses a sensor means 34, 58. 62 for determining ifa platen is in a given
`
`position. A reflective sensor 54 determines if light is reflecting off a reflective surface 62
`
`positioned at a predetermined location on platen 22.
`
`If the light is reflected off the reflective
`
`surface 62, the sensor 54 can send a signal to a control means indicating the position of the
`
`platen.
`
`Natwick et al. disclose a tubing detector 40 which determines if tubing is within a
`
`freeflow latch 38, column 8. lines 1-T’. Igatwiglg et al.
`
`further teach a Hall sensor or optical
`
`sensor to detect the motion ofa valve arm. [Column 13, lines 4?-50) .
`
`Since optical sensors, Hall-effect type sensors and electrical contact type sensors were
`
`well—known in the art, it would have been obvious to one of ordinary skill in the art to adapt the
`
`teachings of Natwick et al. and i)_urri_as to detect the presence of a tubing securing pin or
`
`abutment as taught by Qlemeus and to detect whether the platen of Lester was in a closed-
`
`operative position in order to verify proper operation of the pump during operation.
`
`ACTA EX. 1004-019
`
`ACTA Ex. 1004-019
`
`

`
`App|icationfControl Number: 09i'l 89,052
`Art Unit: 3746
`
`Page 19
`
`Claim 28 further limits the pump claimed in claim 27 by defining the platen sensor and
`
`tubing sensor as being electrically in series.
`
`flatwiclg et al.
`
`further disclose a door position detector electrically connected to a tubing
`
`detector (FIG. 23) connected to a CPU which is connected to a motor. Connecting sensing and
`
`detecting means electrically in series and connecting the sensing means and detection means to a
`
`control unit were well known in the art as indicated by flatfiick et al. and prevent the operation
`
`of the pump if the tubing is not properly installed andfor the door (platen) is not securely closed.
`
`Claim 29 further limits the pump claimed in claim 28 by defining the platen sensor as a
`
`Hall effect sensor having a magnet disposed on the platen member and a magnetic field detector
`
`oriented with the magnet.
`
`Claim 29 defines the platen sensor ofclairn 28 as comprising the elements which
`
`comprise a Hall effect sensing rneans.. Ijatwigk et al. disclose a Hall effect sensor for detecting
`
`the home position ofa cam assembly (column 16, lines 46-56). When a magnet 250 located on
`
`the cam assembly is detected by the Hall sensor, i.e., magnetic [ield sensor, the position ofthe
`
`cam assembly is thereby determined.
`
`ACTA EX. 1004-020
`
`ACTA Ex. 1004-020
`
`

`
`ApplieationfControl Number: O9ll89,052
`
`Page 20
`
`Art Unit: 3746
`
`Hall effect sensors are not limited to detecting the position of cams and are well-known
`
`in the art.
`
`It would have been obvious in light of the teachings ofNatwiek et al to a person of
`
`ordinary skill in the art at the time ofthe invention claimed in claim 29 to utilize a I-lali effect
`
`sensor for purposes of a platen sensor means for purposes of determining ifthe platen was
`
`properly closed and positioned.
`
`28.
`
`Claim 30 is rejected under 35 U.S.C. l03(a) as being unpatentable over Jester in view
`
`oflirench rejerence 1,5225 55. and {_4.025.24l] as applied to claim 17 above, and
`
`further in view of ELI gppljgatigu ‘O84.
`
`Claim 30 further limits claim 1'? by defining the pump fingers to be arranged in a row
`
`and a pair of pressure sensor members engaging the tubing and generating electrical signals.
`
`PCT application ‘084 discloses sensor members 80, 82 at page 13 and at FIG. 5. The
`
`sensor members 80, 82 generate an electrical signal proportional to the degree of compression
`
`thereof.
`
`The device disclosed in PCT application ‘084 is very similar to L Since having
`
`means to detect occlusion i11 tubing is a most desirable feature, it would have been obv