PTOJSB.-'22 (1247
`Approved for use through 9i"3DIOO. OMB 0851-O03
`Patent and Trademark Oflics: U.S. DEPMITMENT OF COMMERCE
`
`En;%%fi:a fiegEu?mmd1995.nopersoncaroreqLiredtorespcndloaoolIectlonol iflointafionulessitiiaplays
`Docket Number (Optional)
`CURLIN-— O 01 A
` in re Application of
`-..U-I
`Apllcation Number
`'
`Filed
`09f189 052
`November 9
`F
`
`EURVILINEAR PERISTALTIC PUMP
`
`Group Art Unit
`Examiner
`3746
`Gray, M.
`This is a request under the provisions of 3?’ CFR 1.136(3) to extend the period for filing
`a response in the above identified application.
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`HI
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`0
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`‘O
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`The requested extension and appropriate non-small-entity fee are as follows
`(check time period desired):
`C]
`one month (37 CFR 1.17(a)(1)J
`Two months (37 CFR 1.1?(a)(2)J
`Three months (37 CFR 1.‘l7(a)(3))
`
`$;___
`532$
`5
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`The Commissioner is hereby authorized to charge any fees which may
`be required, or credit any overpayment. to Deposit Account
`Number
`19»-4330
`.
`i have enclosed a duplicate copy of this sheet.
`I am the [:1 assignee of record of the entire interest.
`I: applicant.
`attorney or agent of record.
`attorney or agent under 37 CFR 1.34(a).
`Registration number if acting under 3?
`2 g EQ _/_ E0
`Date
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`29,445
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`
`
`igrtature
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`
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`Kit M . Stetinaas
`Typed or printed name
`
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`Burden Hour Statement: This form is estimated to take 0.1 hours to complete. Time will vary depending upon the needs of the
`individual case. any oommenta on the amount of time
`u are reauired to complete this form should be sent to the Chis!
`Information Officer. Patent and Trademark Office. Wasmtgton, D
`20231. DO NOT SEND FEES OR COMPLETED FORMS
`TO THIS ADDRESS. SEND TO: Assistant Commissioner tor Patents. Washington. Dc 20231.
`
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`ISLODll?‘
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`01I-'C:216
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`OEIITIEOOOMR.000000?!09139052
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`1993
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`HDUDE
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`Four months (37 CFR1.i7{a)(4))
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`Five months (37 CFR 1.17 (a)(5j)
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`$_____
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`5
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`Applicant is a small entity under 37 CFR 1.9 and 1.27’, therefore the fee amount
`shown above is reduced by one-half. and the resulting fee is: $ 190 - 00
`A small entity statement under 3? CFR 1.27:
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`E]
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`is enclosed.
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`has already been filed in this application.
`E]
`A check in the amount of the fee is enclosed.
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`Thecommissioner has already been authorized to charge fees in this
`application to El Deposit Account.
`
`X
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`ACTA EX. 1005-001
`
`ACTA Ex. 1005-001
`
`

`
`Case No:
`
`CURLN-001A
`
`I twrehy ee|11l}'t|II1 this ennesponduloe I: ‘being
`depnliled with the Ilntled Slur: Pants! Service as
`fin: den mull In on envelnpe addressed to:
`Mslelant Comllllsslnner of Patents. Wuhinghon.
`lJ.C.2a231 on February LQ. mo.
`Trial Dunn
`
`?
`
`)
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` IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`S III!
`
`'-
`
`Applicant:
`
`AHMAD-MAHER MOUBAYED )
`) Group No.: 3746
`
`Examiner: M. Gray
`
`) )
`
`\...r'~._t\..u-a....v
`
`Serial No.:
`
`O9t’0l89,052
`
`Filed:
`
`November 9, 1998
`
`For:
`
`CURVLLINEAR PERISTALTIC PUB/[P
`
`AMENDMENT
`
`ASSISTANT COMMISSIONER FOR PATENTS
`WASHINGTON D C 20231
`
`Dear Sirflvladamz
`
`In response to the initial Oflice Action mailed September 10, 1999 in relation to the above-
`
`identified patent application, please amend the application as follows:
`
`IN THE DRAWINGS:
`
`Submitted herewith for the Examiner‘s consideration is Figure 6 including a proposed
`
`modification (shown in red) wherein the reference numeral “l86" has been changed to “18b” in
`
`accordance with the Examiner’s comment.
`
`IN THE SPECIFICATION:
`
`___m__
`
`____ -
`
`On page 1, line 15, please amend the Title of the present application by inserting the words
`-IAVING INSERTABLE TUBING ASSEMBLY£ - afier “PUNLP”.
`
`-1-
`
`ACTA EX. 1005-002
`
`ACTA Ex. 1005-002
`
`

`
`On page 1 of the application, please insert the following language after the Title and before
`..._ ~.—--—-—-—----:—"
`
`the “Field of the Invention” section:
`
`- Eicrofiche Append;-{F
`cation of the present application includes a microfiche appendix which is
`The specifi
`submitted herewith and incorporated herein by reference. The microfiche appendix includes
`
`a total of three (3) microfiche inc
`
`
`
`I ding a total of one hundred eighty nine (1 89) frames
`
`-
`
`On page 21, line 10, please ch
`
`g
`
`‘fictionally“ to - - frictionally- -_
`
`On page 35, line 21, please cha
`e “mirocontroller“ to - -microcontroller- -.
`IN THE CLAIMS:
`/ / K,/’
`
`Please cancel Claims
`
`J)
`I
`, $2, 41 and 44.
`
`C;
`
`:1
`
`=.
`
`Please amend the following claims: ._
`
`
`ended) A curvilinear peristaltic pump for facilitating the pumping of a liquid through
`
`1—(
`
`
`
`a drive unit dispo :1 within th housing
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`d [mechanically coupled to the cam such that the
`
`ACTA EX. 1005-003
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`ACTA Ex. 1005-003
`
`

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`a worm mounted to the motor shafl and cgoperatively engaged to the worm ggar
`
`whgrein the engagement between the worm and the won‘n gear results in the rotation
`
`(0/3
`
`of the
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`am in a first direction upon the activation of the motor, with such engagement
`
`an rotation ofthe earn a on the deactivation ofthe motor and maintainin the
`
`
`
`cam in a s t position;
`
`a plurality o
`
`ump fingers movably attached to the housing, each of the pump fingers having
`
`a iirst end which is c
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`peratively engaged to the can and a second end which is disposed in spaced
`
`
`relation to the platen
`
`embe
`
`the cam eing configured to sequentially move the pump fingers
`
`radially outwardly towa
`
`and inwardly away from the platen member when rotated in the first
`
`direction by the [drive uni motor;
`
`
`
`
`
`
`wherein a portion 0 he tubing may be extended between the platen member and the second
`
`ends ofthe pump fingers sue that the sequential movement of the pump fingers toward and away
`
`from the platen member result
`
`in liquid within the tubing being pumped in the first direction of
`
`rotation of the cam.
`
`In Claim 3, line 1, p ase change “2” to - -1- —.
`
`nded) The pump of Claim 3 wherein the motor speed control unit comprises:
`
`
`
`encoder wheel by the cam;
`
`ACTA EX. 1005-004
`
`ACTA Ex. 1005-004
`
`

`
`l;
`
`L1
`K’
`
`
`
`._/
`
`.
`
`ll.(
`
`e beginning and end of each pump cycle by sensing the interruptions and
`
`the nu her and size ofthe encoder arms being selected such that interruptions in the beam
`light ca -se
`ereby hrrespond to pump cycles, [with] thgfihling the optical sensor [being
`
`operable] to det r
`'ne
` _.__ _
`increase the power to the motor and thus the rotational speed of the cam between pump cycles.
`_ __
`In Claim 5, line 5, please cha/ge “shaped" to - -sized and configured— -.
`cl The pump ofClaim 10 wherein the platen sensor and the tubing sensor [are]
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`O‘):l electrically [conn ctc in series
`
`
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`ch that] communicate with each other in a manner wherein the drive
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`. unit may not be ac vat
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`until
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`e tubing in extended over the membrane and the platen member is
`
`
`in the operative positii
` _%:_Trg ._:_.
`____l_n C_l_ai_m_ l_3J line_§_, please inért - lby a correspondingbiasing springf - after“member".
`___ _
`_
`_ __
`
`
`:;*—;‘"'—',ri"7f(ksaaird'eaj'A“eiir<éitates;‘sarisaitie'p1i}iiifE5’;iipasang:
`a housing including_a support member having first and second regesses disged therein;
`
`i
`
`a platen member attached to the housing;
`
`a rotatable cam disposed within the housing;
`
`67
`
`a drive unit disposed within the housing and mechanically coupled to the cam, the activation
`of the drive unit resulting in the concurrent rotation of the cam in a first direction;
`
`a plurality ofpump fingers movably attached to the housing, each ofthe pump fingers having
`
`a fI1'Sl. end which is cooperatively engaged to the cam and a second end which is disposed in spaced
`
`relation to the platen member, the cam being configured to sequentially move the pump fingers
`
`radially outwardly toward and inwardly away from the platen member when rotated in the first
`
`direction by the drive unit; and
`
`a tubing assembly releasably attachable to the housing and comprising:
`
`-4.
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`ACTA EX. 1005-005
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`ACTA Ex. 1005-005
`
`

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`a length of resilient tubing;
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`a tubing locator pin attached to the tubing and removably insertable into the first
`
`recess; and
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`a shut-off valve attached to the tubing and removably insertabie into the second
`
`[,7
`
`recess.
`the shut-off valve being operable to selectively obstruct
`the flow of liquid
`[therethrough] mg in a direction opposite the first direction;
`
`wherein the tubing locator pin and the shut-off valve are [removabiy insertable into the
`
`housing and] attached to the tubing at locations whereat a portion of the tubing is extended over the
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`second ends of‘ the pump fingers when the tubing locator pin and the shut—off valve are removably
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`inserted into respectivg ones of the first and second recesses within the support member of the
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`housing, the tubing being extensible between the second ends and the platen member such that the
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`sequential movement of the pump fingers toward and away from the platen member results in liquid
`
`within the tubing being pumped in the First direction ofrotation ofthe cam.
`45,0: ¢;tmendJn:t;‘pump scum .l‘ii-whenreinz
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`the platen member defines an areuate, generally concave inner surface and is pivotally
`
`(6
`L/'
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`connected to the housing so as to be movable between an operative position whereat the membrane
`is covered thereby and the second ends ofthe pump fingers are disposed in substantially equidistantly
`
`spaced relation to the inner surface, and a non-operative position whereat the membrane is exposed;
`
`the tubing locator pin and the shut-offvalve ofthe tubing assembly being removably insertable
`
`into respective ones ofthe first and second recesses within thg support member pfthe housing when
`
`the platen member in the non-operative position, with the portion of the tubing extended over the
`
`membrane by the insertion ofthe tubing locator pin and the shut-offvalve into respective ones ofthe
`
`-5-
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`ACTA EX. 1005-006
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`ACTA Ex. 1005-006
`
`

`
`[housing] first and second [ecpsses being captured between the membrane and the inner surface when
`
`15
`C" the_%t£_31_1_rnember is in the o]§e_l"_£_1_t‘i_ve_p__c)_siti(_}t'i___ __
`————_.——__G7_.__._.._..._._..___.._..__--_.. =.
`...--
`32: (Amended) The pump ofClaim gwherein:
`
`the shut-off valve further includes a biasing member for normally biasing the pinch member
`
`- “l
`(L
`
`to the closed position; [and]
`
`the movement of the platen member [is sized and configured] to [move] the operative
`
`position facilitating the movement of the pinch arm from the closed position to the open position
`
`]when the platen member is moved to the operative position].
`. .L_____
`.___I ..—::
`I _________ _
`/27:’ (Amended) The pump ofClair-i‘i?’5 fin-"ther comprising:
`
`a platen sensor disposed within the housing and operable to detect when the platen member
`
`is in the operative Position; and
`
`art?
`
`a tubing sensor disposed within the housing and operable to detect when the tubing is
`
`extended over the membrane;
`
`the tubing sensor being tripped by the insertion ofthe tubing locator pin into the first recess
`
`within the support member of the housing, with the platen sensor being tripped by the movement of
`
`.
`,
`the platen member to the operative position.
`.
`.
`If
`Io’;
`.
`ail". (Amended) The pump ofCla1m 9,7 wherein the platen sensor and the tubing sensor [are]
`
`electrically [connected in series such that] communicate with each ther in a manner wher in the drive
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`unit may not be activated until the tubing locator pin is inserted into the first rece within the su on
`
`member of the housing and the platen member is in the operative poiition.
`____:._._...__——-——-
`
`In Claim 30, line 3, please insert - upport member ofth — e ore
`~’
`‘
`-
`--
`— '—':.-_-:_'..';.'
`'_..'
` eiided}:ft't1t§i£?‘g‘éis§éifibiy for use
`
`a peristaltic pump having a housing defining a
`
`ousmg .
`
`Cl 9*
`
`_6_
`
`ACTA EX. 1005-007
`
`ACTA Ex. 1005-007
`
`

`
`sgpport member which includes first and second recesses disposed therein, a platen member attached
`to the housing, a rotatable cam disposed within the housing, and a plurality ofpump fingers movably
`‘ L,.lL attached to the housing and cooperatively engaged to the cam such that the rotation of the cam
`
`sequentially moves the pump fingers outwardly toward and inwardly away from the platen member,
`the tubing assembly comprising:
`
`a length of resilient tubing;
`
`a tubing locator pin attached to the tubing and removably insertable into the first recess; and
`
`a shut-ofl‘ valve attached to the tubing and removajfiy insertable into the second rectfl,_the
`s_hgt_—_off valve being operable to selectively obstruct the flow of liquid [therethrough] through the
`
`wherein the tubinglocatgpin and the shut-off valve are attgtfid to the tulJi_ng at locations
`
`whereat a__t_)ortion of the tubingls extended over the_pun_1g_fi_ngcrs when the tubigg1ocator_;)i_nand
`the shut-off valve are removatjy inserted into rgpe_mive ones ofthe firsggd secontfiecesses within
`
`In Claim 33, line l./pile he change “pump" to - -tubing assembly- -.
`In Claim 34, line plise change“pump” to - -tubingassembIy- —_
`Z
`In Claim 36, line 1, plj
`
`In Ciairn 35, [in
`
`l, plea e change “pump" to — -tubing assernbly- -.
`
`c change “pump” to - -tubing assembly- —.
`
`se change “pump” to - -tubing assembly- —.
`In Claim 3?, line 1, pl
`
`
`38.
`
`(
`
`ended) A shut-offvalve for use in a tubing assembly comprising a Iength ofresilient
`
`tubing, the sh t-off valve comprising:
`
`ii.
`53‘:.\ \
`.
`-I3
`
`ACTA EX. 1005-008
`
`ACTA Ex. 1005-008
`
`

`
`a valve body having an opening therein for permitting the passage of the tubing therethrough;
`
`a single pinch ann movably attached to the valve body and engagable to the tubing passing
`
`and
`
`A3t_.—
`
`through the opening, the shut-off valve being gonfigured such that the tubing extends between the
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`pinch arm and the valve body when agvgnced through the opening;
`
`the pinch arm being movable between and open position whereat the tubing passing through
`
`the valve body is not compressed by the pinch arm, and a closed position whereat the tubing passing
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`through the valve body is collapsed by the compression thereof between the pinch arm and the valve
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`body.
`
`:__,_._...._.._._j__.._..r:--
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`..,_...___.._...
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`.
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`-
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`
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`J/
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`InClaim 39, line 1, -p/leasrhange“pump”to-—shut—ofI‘valve-—.
`
`In Claim 40, line I, pleas ,¢‘:hange “pump" to - -shut-ofi'valve- -_
`
`ln Claim 41, line 1, pleas/e change “pump” to - —shut-off valve- -.
`
`43.
`
`(Amended) A curvilinear peristaltic pump, comprising:
`
`H
`
`a housing;
`
`. . .--———-—.-.________
`a visual dis lay dsgsed on the housing;
`
`a drive unit d posed wit
`
`
`
`a control unit d posed wi hin the ho
`ing and in electrical communication with the visual
`
`"n the housing; and
`
`/
`
`ope ative to cause the pump to selectively implement any one of
`
`display and the drive unit;
`
`the control unit bei
`
`
`
`
`[multiple] continuous, PCA, ' N intennittjentg and variafl therapy modalities and to generate a
`visual progress scale on the visual display corresponding to the particular therapy modality being
`
`ACTA EX. 1005-009
`
`ACTA Ex. 1005-009
`
`

`
`F’
`(J implemented by the pump, the visual progress scale generated on the visual display by the control unit
`
`during the implementation of the TPN therapy depicting up and down ram in
`
`
`hases thereof.
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`_..ZZ.‘_‘{,gJ5_.__._
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`(Amended) An administration set for use with a curvilinear peristaltic pump having a
`
`Le,
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`housing which includes at least one recess disposed therein, a plurality of pump fingers movably
`
`attached to the housing, a drive unit disposed within the housing for sequentially moving the pump
`
`fingers, and a sensor disposed within the housing for detecting the presence ofthe administration set.
`
`the administration set comprising:
`
`a length of straight line, resilient tubing; and
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`at least one locating member positionable upon the tubing at a location whereat the locating
`
`member is removably insertable into the recess and operative to trip the sensor when a portion ofthe
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`tubing is extended over the pump fingers;
`
`the tripping flthe _se_t_1_sor_ bein_g__requi_red t_o_facilitate the activation of the drive unit. __
`./
`__.. ..._,.__
`. -
`(Amended) An administration set for use with a curvilinear peristaltic pump having a
`iL:_u_s_i_r1g which includes at least one regs disposed therein and a sensor dispgsed within the housing
`
`Cit‘)
`
`for detecting the presence of the administration set. the administration set comprising:
`
`a length of straight line, resilient tubing; and
`
`at least one locating member positionable upon the tubing at a location whereat the locating
`
`member is removably insertable into the recess and operative to trip the sensor when a portion ofthe
`
`tubing is cooperatively engaged to the pump:
`
`the tripping ofthe sensor being required to facilitate the operation ofthe pump.
`
`JH#._rL__
`
`'--
`
`ACTA EX. 1005-010
`
`...s.._ .._l____
`
`__
`
`__
`
`_
`
`ACTA Ex. 1005-010
`
`

`
`..—"‘ -—"-'--———-__-'
`
`A
`
`_x' I
`
`/'
`
`: d) An administration set for use with a curvilinear peristaltic pump having a
`
`-.... ... . ___ __.____.
`
`" ' "_
`
`___,._-—-—-—-——-—_._.__.___
`
`_:__—'-'*"'-——__
`
`
`
`housing which includes a plurality of pump fingers movably attached thereto, the administration set
`
`comprising:
`a length ofstraight line, resilient tubing; and
`
`I
`
`at least one locating member removably insertable into the housing and positionable upon the
`
`tithing at a location whereat the insertion ofthe locating member into the housing [ensures] will cause
`
`at least a portion ofthe tubing [is] to be in Contact with the pump fingers.
`
`'
`
`.
`
`i’
`
`'
`'
`(Amended) The administration set of'Claimif."?' comprising a pair oflocating members
`
`removably insertable into the housing and positionable upon the tubing at locations whereat the
`
`insertion ofthe locating members into the housing [ensures that] will cause at least a portion ofthe
`
`,__
`
`tubing [is] ;p_b_§ in coittact with the pump fingers.
`
`ix"
`
`f
`
`61.
`
`[Ai11ended} An administration set for use with a curvilinear peristaltic pump having a
`\
`
`I m. the administ ationpset comprising:
`a length of stra h Jmé. resilient tubing; and
`.-
`F
`at least one local rig
`eiiiber removably insertable into the [pump] housing and positionable
`
`upon the tubing at a loca on whereat the insertion ofthe locating member into the [pump ensures
`
`
` that] housing will cause at least a portion ofthe tubing [is] Q in contact with the [pump] l_t9_g§_i_r_1_g._
`
`REMARKS
`
`The foregoing Amendment and remarks which follow are responsive to the initial Office
`
`. Action mailed September 10, 1999 in relation to the above-identified patent application.
`
`In that
`
`Office Action, the Examiner objected to the drawings due to an informality in Figure 6 and the failure
`
`-[[]-
`
`.__.
`
`_
`
`_ _.l,_______._ .______ .. _._____.._.._...________m._m.__.__....
`
`__.
`
`ACTA EX. 1005-011
`
`ACTA Ex. 1005-011
`
`

`
`to depict various elements recited in Claims ll, 22 and 23. The Examiner also rejected to the
`
`specification clue to a number of grammatical informalities therein, an improper reference to the
`
`microfiche appendix, and a Title which is not descriptive ofthe present invention. With regard to the
`
`Title, the Examiner suggested an alternative Title which could be adopted by the Applicant. The
`
`Examiner further objected to the language of'Claims 4, 5 and 13, and rejected Claims I 1, 22, 26, 2B,
`
`37, 41 and 57-60 under 35 U.S.C. § 1 I2 due to purported informalities in the language ofClaims 1 l,
`
`22, 24, 28 and 57.
`
`in addition to the foregoing, the Examiner rejected Claims 1, S, 13, 14, 15, 38-40, 6] and 62
`
`under 35 U.S.C. § l02(b) as being anticipated by respective ones of the Jester, Sancofl‘ et al.. and
`
`French ‘S35 references. The Examineralso rejected Claims 2-4, 6- l 2, 16-23, 25-36, 42-56 and 6 l -64
`
`under 35 U.S.C. § l03(a) as being unpatentable over the Jester, Corneii, Gordon et al., Borsanyi,
`
`Dumas, Natwick et al., PCT ‘084, French ‘535, Clemens, Sancoffet al., and Tune et al. references
`
`considered alone andfor combination. The sole stated grounds for the rejection ofClairns 24, 37, 4]
`
`and 57-60 were under Section 112, and thus are not based upon the cited prior art.
`
`By this Amendment, Applicant has made a proposed modification to Figure 6 wherein the
`
`reference numeral ‘*1 86" has been changed to “l8b" in accordance with the Examiner’s comment.
`
`Applicant respectfillly submits that this modification to Figure 6 has overcome the Examiner’s
`
`objection in relation thereto. Further, Applicant has amended the Title of the present Application to
`
`adopt the Title suggested by the Examiner, and has amended page J ofthc specification to include
`
`a separate section making specific reference to the microfiche appendix of the present application.
`
`Further, Applicant has amended pages 21 and 35 ofthe specification to correct the spelling errors
`
`identified by the Examiner.
`
`-11-
`
`ACTA EX. 1005-012
`
`ACTA Ex. 1005-012
`
`

`
`In addition to the foregoing, Applicant has canceled Claims 2, 32, 42 and 44 and amended
`
`numerous claims ofthe present application to more clearly recite the novel and unobvious aspects of
`
`the present invention. The various amendments to the pending ciaims, and the basis for App|icant’s
`
`argument that such amendments overcome the various rejections set forth by the Examiner in the
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`Office Action, will be discussed in more detail below.
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`More particularly, Applicant has amended independent Claim 1 of the present application to
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`incorporate the limitations originally set forth in Claim 2 thereinto. Thus, as amended, Claim 1
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`describes the drive unit as comprising a cam shaft extending from the cam, a worm gear attached to
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`the cam shafi, an electric motor having a rotatable motor shaft extending therefrom, and a worm
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`mounted to the motor shaft and cooperatively engaged to the worm gear. As further recited in
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`amended Claim 1, the engagement between the worm and the worm gear results in the rotation of
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`the cam in a first direction upon the activation ofthe motor, with such engagement eliminating any
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`rotation ofthe cam upon the deactivation ofthe motor and maintaining the cam in a set position.
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`In the Office Action, the Examiner took the position that Claim 2 was rendered obvious by
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`the combination ofthe Jester and Corneil references in that the Jester reference disclosed all ofthe
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`elements recited in Claim 1, with the Corneil reference disclosing a cam shaft 5 having a gear 17
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`which engages a gear I6 ofa motor shaft 15. More specifically, the Examiner stated that it would
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`have been obvious to one ofordinary skill in the an to use a gear system as disclosed in the Corneil
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`reference in place of the belt drive disclosed in the Jester reference in view ofthe language at column
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`3, line 10- 14 ofthe Jester reference to be effect that, ifdesired, a gear system could be used in place
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`ofthe belt 42,
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`The Jester reference discloses a peristaltic pump 10 comprising a cam 30 which is mounted
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`-12-
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`ACTA EX. 1005-013
`
`ACTA Ex. 1005-013
`
`

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`to a rotatabie cam axle 32. Also mounted to the cam axle 32 is a pulley 44. The pump 10 also
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`includes a motor 36 having a drive shaft 38 extending therefrom, to which is mounted a pulley 40.
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`Extending from the pulley 40 to the pulley 44 is a drive belt 42 which causes the rotation ofthe drive
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`shaft 38 to facilitate the concurrent rotation ofthe cam axle 32 and hence the cam 30.
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`The Comeil reference discloses a liquid dispensing machine comprising a shaft 5 having a cam
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`member 6 mounted thereto. Also mounted to the shaft 5 is a circularly reconfigured gear 1? which
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`is cooperatively engaged to a circularly configured gear I6 mounted to the motor shaft 15 ofa motor
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`I4. Though Applicant recognizes that the specification of the Jester reference states that a gear
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`system could be used in the place of belt 42, Applicant respectfully submits that it is only with a
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`disfavored hindsight consideration ofthe combined teachings ofthe Jester and Corneil references that
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`such gear system would be interpreted to construe a worm gear attached to a cam shaft and a worm
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`mounted to a motor shaft which is cooperatively engaged to the worm gear in a manner eliminating
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`any rotation of the cam upon the deactivation of the motor, as recited in amended Claim 1.
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`As is explained in the specification of the present application, the deficiency of the pump 10
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`described in the Jester reference is that the use of the drive belt 42 to rotate the cam 30 creates
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`susceptibility for slight amounts offorward rotation or reverse rotation (rollback) of the cam 30 upon
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`the deactivation of the motor 36, Applicant determined that the engagement between a worm gear
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`and a worm prevented undesirable residual rotation of the cam upon motor deactivation, with such
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`elements now being recited in amended Claim [ as indicated above. The Comeil reference does not
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`teach or suggest the engagement between a wonn gear and a worm. Rather, as previously indicated,
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`the teachings of the Comeil reference are confined to the engagement between two (2) conventional
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`circularly configured gears. Though Applicant concedes that the “gear system" alluded to in the
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`-13-
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`ACTA EX. 1005-014
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`ACTA Ex. 1005-014
`
`

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`specification of the Jester reference could be construed to encompass a conventional gear train
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`comprising circuiarly configured gearslike that shown in the Cornell reference, Applicant respectfiilly
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`submits that the absence of any teaching or suggestion in the Comic] reference regarding the
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`engagement between a worm gear and a worm coupled with the absence in the Jester reference of
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`any recognition of the undesirability of excess forward rotation or reverse rotation of the cam 30
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`compels the conclusion that any Section 103 rejection ofantended Claim 1 under the combination of
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`the Jester and Cornell references would be premised only on a disfavored hindsight consideration
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`thereof, as indicated above. Thus‘ Applicant respectfiilly submits that amended independent Claim
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`I is condition for allowance, as are Claims 3-16 as being dependent upon an allowable base claim.
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`With regard to Claims 3-16, Applicant has amended Claim 3 simply to change its dependency
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`to Claim I . Additionally, Claim 4 has been amended in an effort to address the Examiner's objection
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`in relation to the language thereof. More particularly, in amended Claim 4, the number and size of
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`the encoder arms is described as being selected such that interruptions in the beam of light caused
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`thereby correspond to pump cycles. thus allowing the optical sensor to detemtine the beginning and
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`end of each pump cycle by sensing the interruptions. Claim 5 has also been amended to address the
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`Examiner’-s objection to the language thereof‘ by describing the cam as being sized and configured
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`{rather than shaped) so as to act against the first ends of the pump fingers. Claim l
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`I has been
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`amended in a manner believed to overcome the Examiner’s Section 1 I2 rejection in relation thereto
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`by describing the platen sensor and the tubing sensor as electrically communicating with each other
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`in a manner wherein the drive unit may not be activated until the tubing is extended over the
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`tnembrane and the platen member is in the operative position. Claim 13 has also been amended in an
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`effort to overcome the Examiner's objection in relation to language thereof by describing each of the
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`-14-
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`_.._ __..__._...
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`.___.l,__._.-_-._.____ ..._. .
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`___
`
`_...__....
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`ACTA EX. 1005-015
`
`ACTA Ex. 1005-015
`
`

`
`pinch members as being biased radially outwardly toward the platen member by a corresponding
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`biasing spring.
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`Referring now to independent Claim 17, Applicant has amended the same to describe the
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`housing as including a support member having first and second recesses disposed therein. As further
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`recited in amended Claim 17, the tubing locator pin attached to the tubing is removably insertabie into
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`the first recess, with the shut-off valve attached to the tubing being removably insertable into the
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`second recess. Additionally, in amended Claim 17, tlte tubing locator pin and the shut-off‘ valve are
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`described as being attached to the tubing at locations whereat a portion of the tubing is extended over
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`the second ends of the pump fingers when the tubing locator pin and the shut-oil’valve are removably
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`inserted into respective ones of the first and second recesses within the support member of the
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`housing.
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`In the Ofiice Action,
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`the Examiner rejected Claim 1? as being unpatentable over the
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`combination ofthe Jester, French ‘535 and Clemens references. The Examiner conceded that the
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`Jester reference does n_ot disclose a tubing locator pin and a shut-ofi‘ valve being attached to a length
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`of tubing. However, the Examiner characterized the Clemens reference as satisfying the tubing
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`locator pin limitation, with the French ‘535 reference satisfying the shut-oft‘ valve limitation, As
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`indicated above, in idependent Claim 17 as amended, the housing is described as including a support
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`member having first and second recesses disposed therein, with the tubing locator pin and the shut-off
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`valve being described as removably insertable into respective ones ot‘the first and second recesses
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`within the support member. The Jester reference does not teach or suggest the housing of the pump
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`10 as including a support member having first and second recesses disposed therein for
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`accommodating respective ones ofa tubing locator pin and a shut-offvalve attached to the tube 28.
`
`-15-
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`ACTA EX. 1005-016
`
`ACTA Ex. 1005-016
`
`

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`The Clemens reference discloses a peristaitic pump wherein a length of tubing [03 is provided with
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`a pair of external abutments 104, 105 mounted thereto. The tubing 103 is described as being placed
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`into the slot 42 ofa tube support 40 such that the abutment 104 is placed over a lip 4| as is shown
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`in Figure 3. The tubing [03 is also described as being placed into a slot 45 of a tube support 43 such
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`that abutment 105 is placed over a lip 44 as is also shown in Figure 3. The combination of the
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`abutments 104, I05 and lips 4| , 44 is described in the Clemens reference as preventing longitudinal
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`movement ofthe tubing 103 (column 4, lines 31-38). The teachings ofthe French ‘535 reference are
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`limited to the attachment of a flow restrictor valve to a length of tubing 1.
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`Applicant respectfully submits that neither the Jester, Clemens or French ‘535 references
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`considered alone or in contbinatiorr, teaches or suggests the attachment of both a tubing locator pin
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`and a shut-offvalve to a length oftubing, with both the tubing locator pin and the shut—offva]ve being
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`removably insertabie into respective ones of a corresponding pair ofcomplimentary recesses with the
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`support member of the housing of a peristaltic pump. As indicated above,
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`the Examiner has
`
`recognized that the tube 28 disclosed in the Jester reference is not described as having either a tubing
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`locator pin or a shut-off valve attached thereto. Nor is the housing ofpump 10 described as being
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`provided with a pair of recesses for removably receiving respective ones of a tubing locator pin and
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`a shut-off valve. As also indicated above, the teachings of the French ‘535 reference are confined to
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`a flow restrictor valve being attached to a segment of tubing, Even assuming, arguendo, that the
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`abutments 104, 105 described in the Clemens reference are structurally analogous to a tubing locator
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`pin, neither of these abutments 104, 105 is shown or described in the Clemens reference as being
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`removably insertable into a corresponding, complimentary recess disposed within a support member
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`oftlre pump 10. Applicant respectfully submits that the teachings ofthe Clemens reference regarding
`
`-15-
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`-_._.l,_.. _,._.._
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`__.____ _______,____,__m,___u___
`
`ACTA EX. 1005-017
`
`ACTA Ex. 1005-017
`
`

`
`the abutments 104, 105 being abutted against respective lips 41, 44 is not properly interpreted as
`being analogous to the insertion ofa tubing Iocator pin and a shut-offvalve into respective ones of
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`platen member 26 contacts the pinch arm 106. The Examiner’s attention is drawn to page 28, lines
`6-] l ofthe specification ofthe present application which specifically states that a portion ofthe platen
`member 26 acts against and applies pressure to the upper ends ofthe side bar portions 108 ofthe
`pinch arm 106, thus facilitating the compression ofthe biasing spring 114 and resultant movement
`ofthe pinch arm 106 to its open position. With regard to Claim 24, Applicant fimher disagrees with
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`-17-
`
`ACTA Ex. 1005-013
`
`ACTA Ex. 1005-018
`
`

`
`the Examiner‘s assertion that the same is indefinite due to the specification not providing an adequate
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`disclosure as to how to make and use a pinch arm with a breakable detent tab such that upon
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`removing the detent tab, the pinch arm is maintained in the closed position.
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`In this respect, the
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`Examiner's attention is drawn to page 22, lines 21-26, page 23, lines 8-13 and page 24, lines 21-33
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`ofthe specification of the present application which provides a comprehensive disclosure regarding
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`the use and functionality ofthe detent tab 1 18 ofthe pinch ar