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 .
Response to Arguments
Applicant’s arguments, see response, filed 5/5/2025, with respect to the rejection(s) of claim(s) 1-12 under 35 U.S.C. §102(a)(1) over Akdis (US Pre Grant Publication 2011/0238172) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made under 35 U.S.C. §112(b).
Drawings
The drawings were received on 5/5/2025. These drawings are accepted.
Claim Objections
Claim 13 is objected to because of the following informalities:
In claim 13, in line 10, “magnets is provided”, should read, “magnets are provided”
In claim 13, in line 15, “magnets is circumferentially distributed”, should read, “magnets are circumferentially distributed”
In claim 13, in line 19, “magnets is embedded”, should read, “magnets are embedded”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
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.
Claims 3-4, 7-11, and 13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13 recites the limitation "interiors" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim The term “complex” in claim 7 is a relative term which renders the claim indefinite. The term “complex impeller” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Specifically, it’s not clear how the word, “complex”, further limits the, “impeller”. Applicant is recommended to remove the word, “complex”, from the claim.
The claims are additionally replete with grammatical and idiomatic errors. In an effort to best address those errors, the claims are re-drafted in a manner which best reflects the examiner’s understanding of the intended claim language and scope. Each of the amendments reflected in the drafted claim corresponds to language which is generally vague and indefinite. Examiner would note that the claim language below is an attempt by the examiner to present and examine claims with a clear and definite scope. Applicant is encouraged, but not required, to adopt the claim language below.
Therefore, for the purpose of continued examination, and in order to promote clarity and compact prosecution, the claims will be interpreted as follows:
3. (Currently amended) The extracorporeal circulation blood pump according to claim 13, wherein the upper portion of the pump holder comprises a recess, an opening in a middle portion of the recess is provided for accommodating the pump housing configured to accommodate an upper surface of the pump body, and the electromagnet is circumferentially disposed at the opening on the upper portion of the pump holder.
4. (Currently amended) The extracorporeal circulation blood pump according to claim 13 wherein the interior of the lower portion of the pump holder is provided with a stepped recess, wherein a first step of the stepped recess
5-6. (Canceled)
7. (Currently amended) The extracorporeal circulation blood pump according to claim [[6]]13 wherein the rotator comprises an wherein the second radial support permanent magnet and the driven permanent magnets are disposed on a lower portion of the rotator.
8. (Previously presented) The extracorporeal circulation blood pump according to claim 7, wherein thethe pump configured such that blood flows from an inlet of the pump housing, through the round hole and rotating blades, into a flow channel in the pump housing, and out of an outlet of the pump housing.
9. (Currently amended) The extracorporeal circulation blood pump according to claim 7, wherein the lower portion of the rotator is further provided with a sealed chamber, the sealed chamber is a substantially toroidal structure provided in a rotational center of the rotator and having a round hole at its center, and the second radial support permanent magnet and the driven permanent magnets are both positioned inside the sealed chamber, wherein the second radial support permanent magnet is annular and is embedded on radially inward facing inner surface of the sealed chamber, and the driven permanent magnets are circumferentially embedded on a radially outward facing inner surface of the sealed chamber.
10. (Currently amended) The extracorporeal circulation blood pump according to claim 13, wherein the control mechanism further comprises a sensor; wherein the sensor is configured to sense a rotation of the rotator and provide sensed information to the control portion.
11. (Currently amended) The extracorporeal circulation blood pump according to claim 10, wherein the control portion generates control information through analysis and calculation according to the sensed information from the sensor, and controls the electromagnet through a control circuit, such that rotates without making contact with, and the first and second radial support permanent magnets.
12. (Canceled)
13. (New) An extracorporeal circulation blood pump, comprising:
a pump holder,
a pump body,
a drive mechanism, and
a control mechanism,
wherein the pump holder comprises an upper portion and a lower portion
wherein a fastener is provided on a second side of the pump holder, such that the upper portion is able to be freely opened and closed relative to the lower portion;
wherein an interior an interior the lower portion define a cavity for accommodating the pump body;
wherein when the upper portion is in an opened state relative to the lower portion, the pump body is able to be released from the cavity;
wherein a plurality of first radial support permanent magnets is provided on the lower portion;
wherein the pump body comprises a pump housing, and a rotator is provided in the pump housing;
wherein a second radial support permanent magnet is disposed on an outer circumference of a lower end in the rotator and is configured to generate a repulsive force with the first radial support permanent magnets to enable a non-contact rotation of the rotator in a radial direction; and a plurality of driven permanent magnets is circumferentially distributed on the lower end in the rotator;
wherein the drive mechanism, disposed at a bottom portion of the cavity, comprises a driving motor and a rotating disc, the driving motor is fixed on a bottom portion of the pump holderand the rotating disc is fixed on a top end of an output shaft of the driving motor;
wherein a plurality of driving permanent magnets is embedded circumferentially on the rotating disc, are magnetically coupledprovide power to a rotation of the rotating disc, such that the rotator rotates without contact,
wherein the control mechanism comprises a control portion and an electromagnet disposed on an upper portion of the pump holderconfigured wherein a magnitude of the attraction is controlled by the control portion.
Allowable Subject Matter
Claims 3-4, 7-11, and 13 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record is Nojiri et al. (US Patent No. 5,947,703), Wang et al. (CN 107670135 A), and Garzaniti et al. (US Patent No. 9,044,535).
Nojiri et al. teaches a centrifugal blood pump having inter alia a pump holder (203/204) comprising an upper portion (203) and a lower portion (204), a pump body (202) comprising rotating impeller (223) and a plurality of driven magnets (227). Nojiri further teaches that the upper portion of the pump holder (See at least Figs. 24-27) is hinged around a rotating shaft (i.e. the implicit hinge pin) and having a fastener (255 and/or 253b) at the opposing side. Nojiri fails to teach at least first radial support permanent magnets, second radial support magnets, and a controller as claimed. Additionally, the upper and lower portions of the pump holder in Nojiri are not hinged to one another. Rather, the upper portion is split and hinged to itself.
Wang et al. teaches a magnetically powered centrifugal pump and drive assembly having a pump holder which comprises a lower portion (6) and an upper portion (4), a pump body (1) having an impeller (unlabeled), a series of magnets (12) which function as both drive and first radial support magnets, and second radial support magnets (5212) on a stepped portion of the lower portion of the pump holder. Wang, however, at least fails to teach that the impeller (1) is magnetically suspended, or that it includes magnets/controller(s) in the upper portion of the pump holder. Rather the device of Wang is configured such that a first pivot (111) of the impeller rests on the second pivot (31) of an intermediate portion (3); the two pivots operating essentially as a bearing for the impeller (1). Additionally, Wang does not teach any element(s) which could reasonably be construed as a pump body, particularly since intermediate element (3) is fixed with respect to the pump holder portions (6) and (4).
Garzaniti et al. teaches an extracorporeal blood pump with a disposable pump head portion and a magnetically levitated rotor. Garzaniti teaches the device comprising a pump holder (shown in a variety of embodiments under varying element number including as (12) in Fig 1; further see Figs. 16-17, and 19, respectively) comprising an upper portion (51 and 75/76), and a lower portion (50 and 78) wherein the portions are hinged with respect to one another to allow for removal of a pump body (pump head 11, See at least Fig. 6); the lower portion including driving magnets (18). The pump body includes an impeller (15) having a plurality of driven magnets (36) in a bottom surface and a magnetic portion on the upper surface (33) used to levitate the impeller. Additionally, Garzaniti teaches the upper portion of the pump holder comprising levitating magnets (22) and sensors which control the impeller position within the pump body. Garzaniti however, fails to teach at least the first plurality of radial support magnets, and the second plurality of radial support magnets as claimed.
In the opinion of the examiner, even if it could be shown that each and every claimed element were present in the prior art as a whole, combining those elements from individual pieces of prior art would only be possible through impermissible hindsight. Each of the prior art devices cited above operates in a very specific manner to control the pump impeller and combining those features and control methods would require a substantial redesign of the components/devices/systems of the prior art. Therefore, the claims are allowable over the prior art of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN JACOB KLEIN whose telephone number is (571)270-5213. The examiner can normally be reached 8:00am - 5:00pm.
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/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792
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