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 .
Claim Objections
Claim 1 is objected to because of the following informalities: The term “inductive” has been misspelled as “indictive” on line 6. Appropriate correction is required.
Claims 6, 8 and 9 are objected to because of the following informalities: Lines 2-3 of claim 6 have been amended to refer to the “first cylindrical tube segment” and the “second cylindrical tube segment”, but lines 4-7 of claim 6, line 2 of claim 8 and line 2 of claim 9 still recite only “the first cylindrical tube” and “the second cylindrical tube”. Lines 4-7 of claim 6, line 2 of claim 8 and line 2 of claim 9 should be amended to refer to “the first cylindrical tube segment” and “the second cylindrical tube segment” to ensure proper antecedent basis. Appropriate correction is required.
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.
Claims 1-4, 6, 7, 10 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kienman et al. (PG PUB 2009/0012655).
Re claim 1, in a first interpretation of the embodiment of Fig 28A,B, Kienman discloses an inductive dialysis fluid heater 420 (Fig 28A,B; it is noted that all reference characters cited below refer to Fig 28A,B unless otherwise noted) comprising: a cylindrical tube segment 450 including an inner diameter from 4.00 mm to 12.7 mm (Para 309, “1.27 cm”); a susceptor 338a located within the cylindrical tube segment (as seen in Fig 28B); an inductive coil 72 extending around the cylindrical tube segment in a non-contacting arrangement (as seen in Fig 28B, the coil is in a non-contacting arrangement with the susceptor; it is noted that the claim does not require the coil to be in a non-contacting arrangement with the cylindrical tube segment), wherein an air gap (labeled in annotated Fig A below) is disposed between the inductive coil and the cylindrical tube segment (as seen in annotated Fig A below) (additionally, Para 306 states that “it is also contemplated to space the windings apart at a known susceptor ‘hot spot’ to prevent the ‘hot spot’” and “the windings can be spaced apart a fraction of a wire diameter of coil 72 or a distance more than the wire diameter”; any spacing between adjacent windings of coil 72 is also an “air gap” between coil 72 and the radially-outermost surface of cylindrical tube segment 450); and power electronics 24 (Fig 1) in electrical communication with the inductive coil and configured to supply an electrical current to the inductive coil causing the susceptor to heat (Para 161).
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Re claim 2, Kienman discloses that the power electronics include a resonant circuit 30 (Fig 1; Para 162).
Re claim 3, Kienman discloses that the power electronics include driver electronics 28 (Fig 1) for the resonant circuit (Para 162).
Re claim 4, Kienman discloses that the susceptor is at least substantially smooth to mitigate a pressure drop caused by the susceptor (as seen in Fig 28C).
Re claim 6, Kienman discloses that the cylindrical tube segment includes a first cylindrical tube segment (the top half of 450 in Fig 28B) and a second cylindrical tube segment (the bottom half of 450 in Fig 28B) and the susceptor includes a first susceptor 338a (Fig 28G) located within the first cylindrical tube segment (as seen in Fig 28B) and a second susceptor 338b (Fig 28G) located within the second cylindrical tube segment (as seen in Fig 28B), and wherein the inductive coil extends around the first cylindrical tube segment and the second cylindrical tube segment (as seen in Fig 28B).
Re claim 7, Kienman discloses that the second cylindrical tube segment has a same inner diameter as the first cylindrical tube segment (as seen in Fig 28B).
Re claim 10, Kienman discloses a downstream temperature sensor 630 (Fig 41) located so as to sense a temperature of fluid heated by the first susceptor and the second susceptor (Para 370); and an upstream temperature sensor 630 (Fig 41) located so as to sense a temperature of the fluid prior to being heated (Para 370), wherein the downstream and upstream temperature sensors are configured to output to a control unit controlling the power electronics (Para 370).
Re claim 11, Kienman discloses a downstream temperature sensor 630 (Fig 41) located so as to sense a temperature of fluid heated by the susceptor (Para 370); an upstream temperature sensor 630 (Fig 41) located so as to sense a temperature of the fluid prior to being heated (Para 370), wherein the downstream and upstream temperature sensors are configured to output to a control unit controlling the power electronics (Para 370).
Claims 1-4, 6, 7-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kienman et al. (PG PUB 2009/0012655.
Re claim 1, in a second interpretation of the embodiment of Fig 28A,B, Kienman discloses an inductive dialysis fluid heater 420 (Fig 28A,B; it is noted that all reference characters cited below refer to Fig 28A,B unless otherwise noted) comprising: a cylindrical tube segment 440 including an inner diameter from 4.00 mm to 12.7 mm (Para 309, because tube 338a has an outer diameter of about 4 mm and is frictionally received within the tube, Para 301); a susceptor 338a located within the cylindrical tube (as seen in Fig 28B); an inductive coil 72 extending around the cylindrical tube in a non-contacting arrangement (as seen in Fig 28B, the coil is in a non-contacting arrangement with the susceptor and with the tube due to the presence of insulating jacket 450 therebetween), wherein an air gap (labeled in annotated Fig A above) is disposed between the inductive coil and the cylindrical tube segment (as seen in Fig A above, the air gap is formed by coil 72 and jacket 450 and, therefore, is “disposed between” coil 72 and cylindrical tube segment 440 (since jacket 450 lies between the coil 72 and the segment 440; additionally, Para 306 states that “it is also contemplated to space the windings apart at a known susceptor ‘hot spot’ to prevent the ‘hot spot’” and “the windings can be spaced apart a fraction of a wire diameter of coil 72 or a distance more than the wire diameter”; any spacing between adjacent windings of coil 72 is also an “air gap” formed by coil 72 and the radially-outermost surface of cylindrical tube segment 450, which would be “between” the coil 72 and tube segment 440); and power electronics 24 (Fig 1) in electrical communication with the inductive coil and configured to supply an electrical current to the inductive coil causing the susceptor to heat (Para 161).
Re claim 2, Kienman discloses that the power electronics include a resonant circuit 30 (Fig 1; Para 162).
Re claim 3, Kienman discloses that the power electronics include driver electronics 28 (Fig 1) for the resonant circuit (Para 162).
Re claim 4, Kienman discloses that the susceptor is at least substantially smooth to mitigate a pressure drop caused by the susceptor (as seen in Fig 28C).
Re claim 6, Kienman discloses that the cylindrical tube segment includes a first cylindrical tube segment (the portion of 440 within which 338a is received, as seen in Fig 28B) and a second cylindrical tube segment (the portion of 440 within which 338b is received, as seen in Fig 28B) and the susceptor includes a first susceptor 338a located within the first cylindrical tube segment (as seen in Fig 28B) and a second susceptor 338b located within the second cylindrical tube segment (as seen in Fig 28B), and wherein the inductive coil extends around the first cylindrical tube segment and the second cylindrical tube segment (as seen in Fig 28B)
Re claim 7, Kienman discloses that the second cylindrical tube segment has a same inner diameter as the first cylindrical tube segment (since each of susceptors 338a and 338b have the same outer diameter and are frictionally received within the respect tubes, Para 301).
Re claim 8, Kienman discloses that the first cylindrical tube segment and the second cylindrical tube segment are connected by a U-shaped connector 442 (Fig 28B, wherein the U-shape is seen in cross-section).
Re claim 9, Kienman discloses that the first and second cylindrical tubes are first and second tube portions folded 180 degrees from a single tube (described in Para 298, manifold 440 and cap 442 are welded ultrasonically together to form a single piece).
Re claim 10, Kienman discloses a downstream temperature sensor 630 (Fig 41) located so as to sense a temperature of fluid heated by the first and second susceptors (Para 370); and an upstream temperature sensor 630 (Fig 41) located so as to sense a temperature of the fluid prior to being heated (Para 370), wherein the downstream and upstream temperature sensors are configured to output to a control unit controlling the power electronics (Para 370).
Re claim 11, Kienman discloses a downstream temperature sensor 630 (Fig 41) located so as to sense a temperature of fluid heated by the susceptor (Para 370); an upstream temperature sensor 630 (Fig 41) located so as to sense a temperature of the fluid prior to being heated (Para 370), wherein the downstream and upstream temperature sensors are configured to output to a control unit controlling the power electronics (Para 370).
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.
Claims 1-5 and 11 are rejected under 35 U.S.C. 103 as being obvious over Kienman et al. (PG PUB 2009/0012655.
Re claim 1, in the embodiment of Fig 23, Kienman discloses an inductive dialysis fluid heater 320 (Fig 23; it is noted that all reference characters cited below refer to Fig 23 unless otherwise noted) comprising: a cylindrical tube segment 302; a susceptor 316 located within the cylindrical tube segment (Para 256); an inductive coil 72 extending around the cylindrical tube segment in a non-contacting arrangement (as seen in Fig 23, the coil is in a non-contacting arrangement with the susceptor; it is noted that the claim does not require the coil to be in a non-contacting arrangement with the cylindrical tube), wherein an air gap is disposed between the inductive coil and the cylindrical tube segment (as seen in Fig 23, an air gap exists between the outer surface of segment 302 and the curved surface of coil 72, similar to the air gaps identified in annotated Fig A above; additionally, Para 306 states that “it is also contemplated to space the windings apart at a known susceptor ‘hot spot’ to prevent the ‘hot spot’” and “the windings can be spaced apart a fraction of a wire diameter of coil 72 or a distance more than the wire diameter”; any spacing between adjacent windings of coil 72 is also an “air gap” between coil 72 and the radially-outermost surface of cylindrical tube segment 302); and power electronics 24 (Fig 1) in electrical communication with the inductive coil and configured to supply an electrical current to the inductive coil causing the susceptor to heat (Para 161). Kienman is silent as to the inner diameter of cylindrical tube 302 and, therefore, does not explicitly disclose that the cylindrical tube 302 includes an inner diameter from 4.00 mm to 12.7 mm.
However, Kienman teaches another embodiment of a cylindrical tube 450 (Fig 28A,28B) which has an inner diameter from 4.00 mm to 12.7 mm (Para 309, “1.27 cm”) and provides insulation to the fluid therein. Since both the cylindrical tube 302 and the cylindrical tube 450 are provided to insulate the fluid therein, it would have been obvious to one of ordinary skill in the art to provide the cylindrical tube 302 with an inner diameter of 12.7 mm, as taught by the embodiment of Fig 28A,28B, for the purpose of adequately insulating the susceptor.
Additionally, Applicant has not disclosed that providing the cylindrical tube with an inner diameter of 4.00 mm to 12.7 mm solves any stated problem or is for any particularly purpose and it appears that the cylindrical tube 302 would perform equally well with such a diameter. Therefore, it would have been an obvious matter of design choice to provide the cylindrical tube 302 with an inner diameter from 4.00 mm to 12.7 mm. Furthermore, absent a teaching as to the criticality of this diameter, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. Additionally, since no criticality for this diameter has been provided by the Applicant, it would have been an obvious matter of design choice to provide the cylindrical tube with an inner diameter from 4.00 mm to 12.7 mm since such a modification would have involved a mere change in the form or shape of a component and a change in form or shape is generally recognized as being within the level of ordinary skill in the art.
Re claim 2, Kienman discloses that the power electronics include a resonant circuit 30 (Fig 1; Para 162).
Re claim 3, Kienman discloses that the power electronics include driver electronics 28 (Fig 1) for the resonant circuit (Para 162).
Re claim 4, Kienman discloses that the susceptor is at least substantially smooth to mitigate a pressure drop caused by the susceptor (as seen in Fig 23, surfaces 318 and 322 can be smooth).
Re claim 5, Kienman discloses that the susceptor is provided in a mesh form (Para 258).
Re claim 11, Kienman discloses a downstream temperature sensor 630 (Fig 41) located so as to sense a temperature of fluid heated by the susceptor (Para 370); an upstream temperature sensor 630 (Fig 41) located so as to sense a temperature of the fluid prior to being heated (Para 370), wherein the downstream and upstream temperature sensors are configured to output to a control unit controlling the power electronics (Para 370).
Response to Arguments
Applicant's arguments filed 11/12/2025 have been fully considered but they are not persuasive.
Applicant argues that Kienman does not disclose “an air cap [that] is disposed between the inductive coil and the cylindrical tube segment” as recited in amended claim 1. Specifically, Applicant argues that an air gap is not disposed between Kienman’s inductive coil 72 and cylindrical tube segment 450/440/302 in view of Fig 28B, Fig 23 and Para 307 (incorrectly identified by Applicant as Para 299) which states that “it is contemplated to fix, e.g., glue or otherwise mechanically fix, coil 72 in a partially spaced apart state to jacket 450 located within the instrument”.
The Examiner respectfully disagrees in view of Fig 23, 28C and 23E which show air gaps (annotated in Fig A above) and Para 306 which states that the windings of coil 72 can be “wound as tightly as possible, such that no or substantially no space exists between the windings of coil 72” but “it is also contemplated to space the windings apart at a known susceptor ‘hot spot’ to prevent the ‘hot spot’” and “the windings can be spaced apart a fraction of a wire diameter of coil 72 or a distance more than the wire diameter”. Any spacing between adjacent windings of coil 72 is also an “air gap” between coil 72 and the radially-outermost surface of cylindrical tube segment 450/302.
It is noted that the amendments to claims 1 and 6 – changing the “cylindrical tube”, the “first cylindrical tube” and the “second cylindrical tube” to the “cylindrical tube segment”, the “first cylindrical tube segment” and the “second cylindrical tube segment” – have necessitated the new rejections of claims 6-9 under the first and second interpretations of the embodiment of Fig 28A,B.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/KAMI A BOSWORTH/Primary Examiner, Art Unit 3783