DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/23/2026 has been entered.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4-6, 12-14 and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lu et al (US 2013/0274665).
Regarding claim 1, Lu discloses a device for dispensing a material comprising: a housing 60/66 (fig 9) including a reservoir 61 (fig 1A shows chip 61 in greater detail, especially reservoir 215) and an outlet 601, wherein the reservoir is configured to contain the material (fig 1A, ¶74); a heat rupturable membrane 24a disposed within the housing and configured to selectively separate the reservoir from the outlet (fig 1A; ¶32); and a heater thermally coupled to the heat rupturable membrane and thermally insulated from at least one of an environment surrounding the device and the reservoir (figs 1A and 9, ¶32; insulation is discussed in ¶61, among others), wherein a portion of the heater (portions 23a and 23b of heater) configured to generate heat (conveys electricity to resistive elements) extends at least partially around an opening the heat rupturable membrane extends across (fig 1A, on at least two points around the opening).
Regarding claim 2, wherein the housing includes a frame 66 and the heater is disposed within the frame (fig 9, heater is part of chip 61).
Regarding claim 4, wherein the device is configured such that the material flows from the reservoir to the outlet through an opening created in the heat rupturable membrane when the heater is actuated (¶32).
Regarding claim 5, wherein the heater is configured to rupture the heat rupturable membrane when actuated (¶32).
Regarding claim 6, wherein the material comprises at least one of a gas, a fluid, a viscous fluid, and an aerosolized powder (¶59).
Regarding claim 12, further comprising a power source 64 electrically coupled to the heater such that the power source operates the heater to heat the heat rupturable membrane when the power source is actuated (¶32, ¶75).
Regarding claim 13, further comprising a processor 214 configured to selectively actuate the power source to selectively rupture the heat rupturable membrane (¶32, fig 9).
Regarding claim 14, Lu discloses a thermally actuated valve (fig 9) comprising: a frame 60/66 (also unlabelled section surrounding 215 through which 23a and 23b pass); a heat rupturable membrane (part of chip 61 in fig 9, detail of said chip shown in fig 1A, the membrane being 24a) disposed in an opening in the frame (figs 1A and 9); and a heater disposed within the frame and thermally coupled to the heat rupturable membrane, wherein the heater is configured to rupture the heat rupturable membrane when actuated (figs 1A and 9, ¶32), wherein a portion of the the heater (portions 23a and 23b of heater) configured to generate heat (convey electricity to resistive elements) extends at least partially around an opening the heat rupturable membrane extends across (fig 1A, on at least two points around the opening).
Regarding claim 16, further comprising a power source 64 electrically coupled to the heater such that the power source operates the heater to heat the heat rupturable membrane when the power source is actuated (¶32, ¶75).
Regarding claim 17, further comprising a processor 214 configured to selectively actuate the power source to selectively rupture the heat rupturable membrane (figs 1A and 9, ¶32).
Regarding claim 18, wherein the thermally actuated valve is disposed within a housing 66, wherein the housing includes a reservoir 215 and an outlet 601.
Regarding claim 19, Lu discloses a method of dispensing a material, the method comprising: heating a heat rupturable membrane with a heater thermally insulated from at least one of an external environment of a device and a reservoir of the device (¶31, ¶32; insulation at ¶61), wherein a portion the heater (portions 23a and 23b of heater) configured to generate heat (conveys electricity to resistive elements) extends at least partially around an opening the heat rupturable membrane extends across (fig 1A, on at least two points around the opening); rupturing the heat rupturable membrane (¶39); and dispensing the material from the reservoir through an outlet of the device after the heat rupturable membrane is ruptured (¶32 and ¶39).
Regarding claim 20, wherein heating the heat rupturable membrane includes resistively heating the heat rupturable membrane (¶32 – current generates heat).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu et al (US 2013/0274665) in view of Cho et al (US 2004/0024382).
Regarding claim 3, while Lu substantially discloses the invention as claimed, it does not disclose wherein the heater is generally horseshoe shaped such that the heat rupturable membrane forms a generally horseshoe shaped flap when ruptured by the heater.
Cho discloses a medical delivery device which has generally horseshoe shaped heater electrode (fig 2; ¶44).
It would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Lu such that the heater is generally horseshoe shaped such that the heat rupturable membrane forms a generally horseshoe shaped flap when ruptured by the heater as taught by Cho so that the membrane remains partially attached to the device (as opposed to becoming completely detached and floating away).
Claim(s) 7-11 and 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu et al (US 2013/0274665) in view of Evans et al (US 2009/0308752).
Regarding claim 7, while Lu substantially discloses the invention as claimed, it does not disclose wherein the material is pressurized within the reservoir.
Evans discloses a pump for medical devices, including microfluidic chips (¶22, ¶74) similar to Lu. As can be seen from the figures of Lu, after the membrane is disrupted, the device relies upon dispersion. As one of ordinary skill in the art would recognize, adding a pressure source will allow for quicker dispensation of the drug. Quicker dispensation allows for further customization of the delivery profile, especially since there are a plurality of reservoirs and a customized delivery profile (¶37, ¶38).
It would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Lu such that the material is pressurized within the reservoir (via a pump) as taught by Evans to allow for quick dispensation of the material, as desired.
Regarding claims 8-11, while Lu substantially discloses the invention as claimed, it does not disclose a potential energy source configured to apply a pressure to the reservoir to dispense the material through the outlet.
Evans discloses a pump for medical devices, including microfluidic chips (¶22, ¶74) similar to Lu. As can be seen from the figures of Lu, after the membrane is disrupted, the device relies upon dispersion. As one of ordinary skill in the art would recognize, adding a pressure source will allow for quicker dispensation of the drug. Quicker dispensation allows for further customization of the delivery profile, especially since there are a plurality of reservoirs and a customized delivery profile (¶37, ¶38). The energy source for the probe is an electrochemical pump (¶16) and may include a compressed gas (¶23), a chemical mixing chamber (¶17), or a hydraulic chamber (fig 3A).
It would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Lu such that it a potential energy source configured to apply a pressure to the reservoir to dispense the material through the outlet, wherein the potential energy source includes a compressed gas, a chemical mixing chamber, or a hydraulic cylinder as taught by Evans to allow for quick dispensation of the material, as desired.
Regarding claims 21-23, while Lu substantially discloses the invention as claimed, it does not disclose pressurizing the material within the reservoir of the device nor dispensing the material includes actuating a potential energy source, which comprises applying a pressure to the material.
See claims 8-11 above for what Evans teaches.
It would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Lu such that it includes pressurizing the material within the reservoir of the device and dispensing the material includes actuating a potential energy source, which comprises applying a pressure to the material as taught by Evans to allow for quick dispensation of the material, as desired.
Allowable Subject Matter
Claims 24-26 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The examiner did not find a teaching or suggestion for modifying closest art Lu such that the portion of the heater that at least partially surrounds the opening the heat rupturable membrane extends across is a resistive portion. Chu (see claim 3 rejection above) was considered as a secondary reference as it has a U shape, but as can be seen in figs 3 and 4 of Chu, the resistive element 28 is on top of the opening/membrane, not surrounding the opening as required.
Response to Arguments
Applicant argues electrical wires that provide electricity to a more resistive metal film that generates heat are not configured to generate heat given the plain and ordinary meaning as used in the current application. The examiner disagrees, claims are given the broadest reasonable interpretation. While interpretation is that the portion itself has to generate heat, another is that if they contribute to heat being generated, they are configured to generate heat (in another structure).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY JAMES OSINSKI whose telephone number is (571)270-3640. The examiner can normally be reached Monday to Thursday 9AM to 5PM.
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/BRADLEY J OSINSKI/Primary Examiner, Art Unit 3783