F|L1NG DATE
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`K UNITED STATES DEPARTMENT OF COMMERCE
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`Patent and Trademark Offlce
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`Adflnse:
`COMMISSTONER OF PATENTS AND TRADEMRFIKS
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`Washington, D.C. 213231
`FIRST NAMED INVENTDH
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`Arronnev DOCKET NO.
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`DATE MAILED:
`Lliifi I’ §_''.':-’
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`PAPER NUMBER
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`Please find below endlor attached an Office communlcailon concerning this application or
`proceeding.
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`Commissioner of Patents and Trademark!
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`FY9430‘ l’‘°‘’- 335!
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`u_s. G P.O. wee an-eea
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`1- Filo Cour
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`ACTA EX. 1006-001
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`ACTA Ex. 1006-001
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`

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`Application No.
`(‘.|9I‘lB9,052
`Mouhayed at al.
`Examiner
`Group Art Unit
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`3746
`Michael K. Gray
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`il.iilii;iiiii;
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`Applicantisi
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`!" 3]
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`Office Action Summary
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`[X] Responsive to communicationisi fiied on Feb. 14, 2000
`X This action is FINAL.
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`i_| 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 perre Ouayie. 1935 C.D. 11; 453 0.G. 213.
`A shortened statutory period for response to this action is set to expire
`3
`monthlsi. or thirty days, whichever
`is longer, from the mailing date of this communication. Failure to respond within the period for response will cause the
`application to become abandoned.
`i35 U.S.C. § 133:. Extensions of time may be obtained under the provisions of
`37 CFR1.'l36ia]I.
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`Disposition of Claims
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`W Cieimisl L 3—3f_._33—4I.. 43, en1{I5-64_
`Of the above, ciaimisi
`D0 clalmls:
`:7-3r, 33-37, and 45-60
`ix] Ciaimisi r, 3.16, 38, 39, 43, 45-43, and 6?-64_
`[Xi Claimisi 40and4t
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`__
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`U Claims
`Application Papers
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`__
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`_
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`isiare pending in the application.
`lsiare withdrawn from consideration.
`isr‘ere allowed.
`isfare rejected.
`isfere objected to.
`are subject to restriction or election requirement.
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`C‘ See the attached Notice of Draftsperson's Patent Drawing Review, PTO—94B.
`['| The drawingisi filed on _
`isiare objected to by the Examiner.
`W The proposed drawing correction. filed on __Feb. I4, 2000
`is
`Ehpproved
`E] The specification is objected to by the Examiner.
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`Cblisapproved.
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`C] The oath or declaration is objected to by the Examiner.
`Priority under 35 U.S.C. § 119
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`1-,‘! Acknowledgement is made of a claim for foreign priority under 35 U.S.C. § 1i9iai-idi.
`if" All
`I3 Some‘ L'None
`of the CEFITIFIED copies of the prioritv documents have been
`ii received.
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`:1 received in Application No. lseries CodeI5eriaI Number}
`received in this national stage eppiication from the international Bureau [PCT Rule 17.2iai}.
`‘Certified copies not received:
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`
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`Li Acknowiedgement is made of a claim for domestic priority under 35 U.S.C. § 1l9{ei-
`Attachrnentisi
`T? Notice of References Cited. PTO-592
`C Information Disclosure Statementls}. PTO—1449. Paper Nois). _
`._ Interview Summary, PTO-413
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`.3 Notice of Draftsperson's Patent Drawing Review. PTO—948
`C‘ Notice of Informal Patent Application, F'TO—1 52
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`U. 5. Pelt-ml and Tuaderisarlt Dlfico
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`PTO—326 iFlev. 9-95:
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`-—- SEE OFFICE ACTION ON THE FOLLOWING PA GES --
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`Office Action Summary
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`Part of Paper No.
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`11
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`ACTA EX. 1006-002
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`ACTA Ex. 1006-002
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`

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`/\pplicatio11fControlNumber: 09;’I89,052
`Art Unit: 3746
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`Page 2
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`SECOND DETAILED ACTION
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`1.
`2000.
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`This Office Action is responsive to applicants Amendment received on February 14,
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`Applicants have cancelled claims 2, 32. 42 and 44 and has amended claims I, 3, 4, 5, ll,
`13,17, 20, 22, 27, 28, 30, 33-38, 39-4] and 43, 49, 53, 57, 58 and 61.
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`2.
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`'1"he examiner approves the proposed modification to Figure 6 of the drawings.
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`Drawings
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`Claim Rejectiorts - 35 USC § I12
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`The examiner withdraws the previous 35 USC ] 12 rejection in light ofapplicants’
`3.
`amendment.
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`4.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
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`Claim Rejectiorts - 35 USC § I02
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`basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless --
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`(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.
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`ACTA EX. 1006-003
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`ACTA Ex. 1006-003
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`

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`App-lication!C‘.ontrol Number: 093139.052
`Art Unit: 3746
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`Page 3
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`5.
`(UK 1025947}.
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`Claims 38-39 are rejected under 35 U.S.C. l02{b) as being anticipated byfledmg
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`gaggle; which was cited as prior art. but not applied, in the previous office action
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`arm and vaive body.
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`_l3_§_du;e; further discloses a biasing member.
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`Applicants argument concerning claims 33-39 is considered moot in light ofthe newly
`applied rejection.
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`Objection based on Rejection afflase Claim
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`Claims 40-41 are objected to as being dependent upon a rejected base claim, but
`6.
`would be allowable if rewritten in independent form including all of the limitations ofthe base
`claim and any intervening claims.
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`Claim Rejections - 35 USC § 103
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`7.
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`The following is a quotation of'35 U.S.C. lO3(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`ACTA EX. 1006-004
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`ACTA Ex. 1006-004
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`

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`ApplicationJ'Control Number: 09;’ 1 89,052
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`Page 4
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`Art Unit: 3746
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`8.
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`Claims 1, S-6, 13, 14, and 15 are rejected under 35 U.S.C. 103(a) as being unpatentable
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`over e er "631 ill view ofQg[$:fl(3,0l1,684).
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`The applicants have amended claim 1 to emphasize that the claimed pump is provided
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`with a “worm gear". Claims 3-16 depend from claim 1.
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`The examiner has read and considered the arguments of the applicants which assert that
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`although the % reference states that a gear system could be used instead of a belt and
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`although Qmgneil teaches a gear system for a use in a peristaltic pump, it would not have been
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`obvious to implement a worm gear as claimed in amended claim 1.
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`The examiner respectfully rejects the argument of applicants. The utilization of a worm
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`gear, in light ofthe suggestion of gearing in the Ester reference and the use of gearing in the
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`i reference (see Figure 2), would not have been considered inventive to one of ordinary
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`skill in the art at the time of the claimed invention.
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`In that the prevention of“rollback” in a peristaltic pump is a desirable feature, it would
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`have been obvious to one of ordinary skill in the art to select gearing which would prevent
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`rollback ofthe cam upon deactivation of the motor.
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`9.
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`Claims 3-4 are rejected under 35 U.S.C. l03(a) as being unpatentable overgster
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`in view oftjoruejl as applied to claim 1 above, and further in view ofglorgjon et at, (4,869,646).
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`Je_ste; and Q_Qrue_H substantially demonstrate the invention claimed in claim 1. The
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`limitations to claim I claimed in claims 3-4 are rendered obvious by giordan :1, at. for the reasons
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`stated in the first office action.
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`‘ 1 --
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`ACTA EX. 1006-005
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`ACTA Ex. 1006-005
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`

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`ApplicationtControl Number: 09fl 89,052
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`Page 5
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`Art Unit: 3746
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`10.
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`Claims 7-9 are rejected under 35 U.S.C. 103(3) as being unpatentable over Jester in view
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`11¢ as applied to claim 1 and further ill view of'Borsanyi (4,671,792).
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`Jester and Qgmcil substantially disclose the invention as claimed in claim I. The further
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`limitations of claim I claimed in claims 7-9 are taught by Borsa_11yi as was discussed in the first
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`Office Action.
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`I I.
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`Claims 10-l2 are rejected under 35 U.S.C. l03{a) as being unpatentable over Jester,
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`gig;-geil and Bgrsanxi as applied to claim 8 above, and further in view offlumas (5,531,680) and
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`[*_.latwick et a
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`1:53;, ggrneil, and liigrsanxi substantially demonstrate the invention claimed in claim 8.
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`The limitations to claim 8 claimed in claims 10-12 are taught by Dumas and
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`wick er a . as
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`was discussed in the first office action.
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`I2.
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`Claim 16 is rejected under 35 U.S.C. I03(a) as being unpatentabie over Jester and
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`§§g_r_neil as applied to claim 1, in view ofPCT application Wt} 97334034..
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`Jester and Qgmeil substantially demonstrate the invention claimed in claim 1.
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`The limitations of claim I claimed in claim 16 are rendered obvious by the application of
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`PET application W§197i'34!134 as was discussed in the first otiice action.
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`ACTA EX. 1006-006
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`ACTA Ex. 1006-006
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`

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`App|icationfCorttrol Number: 092'l89,052
`Art Unit: 3746
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`Page 6
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`Claims 43, 45-48 are rejected under 35 U.S.C. l03{a) as being unpatentable over lung gt
`13.
`a_L. (5,630,710).
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`As slated in the previous olfice action. Tune et al. disclose a housing 20, a visual display
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`36, a drive unit 245 and a control unit (FIG. 32 disposed) within the housing to cause the pump
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`l0 to implement any one of multiple modal therapies (columns 35-41).
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`Claim 43 claims a pump which has a control unit which can operate to implement a
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`number of claimed modalities. Claim 48 claims a pump having a visual display on which is
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`demonstrated a visual progress scale corresponding to a particular therapy modality.
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`In that the claimed modalities were well-known in the art and control units
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`(microprocessors, etc.) can be programmed by those skilled in the art to implement known
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`modality functions, it would have been obvious to one of ordinary skill in the art to program a
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`modality desired and to visualize a progress scale ofthe known modality on a visual display.
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`The limitations of claims 45-47 (which funher limit claim 43) are rejected for reasons
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`given in the first office action.
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`The argument of applicants has been considered but is not deemed persuasive.
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`ACTA EX. 1006-007
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`ACTA Ex. 1006-007
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`

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`Application/Control Number: 091089.052
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`_
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`Page 7
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`Art Unit: 3746
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`14.
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`Claims 6] -63 are rejected under 35 U.S.C. t03{a) as being unpatentable over
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`lfilajgvjck :1 al.
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`Najwick et a]. do not disclose a curvilinear peristaltic pump, but the volumetric pump
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`disclosed therein has resilient tubing, and a free flow latch shown in FIG. 3 as a clip or clamp
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`which secures the tubing to the pump.
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`Although it is not indicated whether the free flow latch is inserted into the pump or
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`clipped on or perntanently attached to the pump. any one ofthe aforementioned manners of
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`affixing the free flow latch would have been obvious and easily adaptable by one of ordinary skill
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`in the art to ensure that the tubing was properly placed in contact with the pump. Natwick :1 at.
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`disclose a clamp or clip (FIG. 3) proximate to pressu1'e sensor 56. Thus, Natwiclg et al. disclose a
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`pair of locating members rentovably insertablc into the housing which ensure that a tube is in
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`contact with the pump as claimed in claim 62.
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`As for claim 63, the clamp or clip proximate to pressure sensor 56 shown in FIG. 3 of
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`Natwicg et a]. call be viewed as a tubing locator pin and the free flow latch 38 or clamp operates
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`to selectively obstruct the flow ofliquid through the tubing when door 78 is opened. Thus,
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`claims 61-63 are fully disclosed by Hgtwiglg and would have been recognized by one ofordinary
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`skill in the art for use in a curvilinear peristaltic pump.
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`Applicants argue that claim 6] has been amended with language similar to claim 53 and
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`should therefore be allowable: however, an obvious differencee in claim 53 is that it claims a
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`recess not claimed in claim 6].
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`ACTA EX. 1006-008
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`ACTA Ex. 1006-008
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`

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`Application/‘Control Number: 09ft 89,052
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`Art Unit: 3746
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`Page 3
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`15.
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`Claim 64 is rejected under 35 U.S.C. ltJ3(a) as being unpatentabte over Natw'ck t
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`.
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`in
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`view ofsancofl et al..
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`Claim 64 depends directly from claim 6] and limits claim 61 by defining the tubing as
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`being made ofa polyvinyl chloride compound.
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`[~_latwiclg et al. substantialiy disclose every
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`element claimed in claim 61, but not disclose PVC tubing..
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`Sancoifet al. disclose PVC tubing
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`as is claimed in claim 64.
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`It would have been obvious to one ofordinary skill in the art to utilize
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`PVC tubing in the pump disclosed by lfilatiflick et al.
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`in that PVC tubing has been utilized by
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`those of ordinary skill in the an because ofits low cost, reliability, flexibility and sterility.
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`Allowed Claims
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`16.
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`In light of applicants amendment and arguments related thereto, the following claims are
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`allowed:
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`Claims l7-31, 33-3?, and 49-60.
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`17.
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`THIS ACTION IS MADE FINAL. Applicant is reminded ofthe extension oftime
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`policy as set forth in 37 CFR l.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date ofthis action.
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`ln the event a first reply is filed within TWO
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`MONTHS ofthe mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE-MONTH shortened statutory period, then the shortened statutory period
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 3?
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`CFR 1.l36{a) will be calculated from the mailing date of the advisory action.
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`ACTA EX. 1006-009
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`ACTA Ex. 1006-009
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`

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`Applicationftlontrol Number: 09:’ I 89,052
`Art U11it: 3746
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`Page 9
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`In no event, however, will the statutory period for reply expire later than SIX MONTHS
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`from the mailing date ofthis final action.
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`(.‘onrmmnr'car:'an
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`18.
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`Any inquiry concerning this communication or earlier communication from the examiner
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`Should be directed to Michael Gray whose telephone number is (703) 308-6196. The examiner
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`can normally be reached Monday through Thursday from 7:30 a.m. to 6 p.m.
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`If attempts to reach the examiner are unsuccessful, the examiner's supervisor, Timothy
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`Thorpe, can be reached at (703) 308-0102.
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`The fax number for this Group is (703) 305-3588. Please indicate the application’s serial
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`number, the art unit and the examiner’s name on the fax cover sheet.
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`Any inquiry ofa general nature or relating to the status ofthis application or proceeding
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`should be directed to the receptionist whose telephone number is (?03) 308-0861.
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`AL}
`:"Michael K. Gray
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`Art Unit 3746
`
`Timo1hyS.T arpe
`Supervisory Patent Examiner
`Group 3700
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`ACTA EX. 1006-010
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`ACTA Ex. 1006-010