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
Claims 10, 13, 19, 33 and 36 are objected to because of the following informalities:
Regarding claim 10, line 8, the limitation “medical fluid” appears to be amended to recite “the medical fluid” in order to refer to “medical fluid” recited in claim 1, line 4.
Regarding claim 13, line 5, the limitation “a medical fluid” appears to be amended to recite “the medical fluid” in order to refer to “medical fluid” recited in claim 1, line 4.
Regarding claim 19, line 8, the limitation “laminar fluid flow” appears to be amended to recite “the laminar fluid flow” in order to refer to “laminar fluid flow” recited in claim 19, line 4.
Regarding claim 33, line 9, the limitation “medical fluid” appears to be amended to recite “the medical fluid” in order to refer to “a medical fluid” recited in claim 24, line 4.
Regarding claim 36, line 6, the limitation “a medical fluid” appears to be amended to recite “the medical fluid” in order to refer to “a medical fluid” recited in claim 24, line 4.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 9, 24 and 32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Uber, III et al. (US 2020/0121860 A1).
Regarding claim 1, Uber, III teaches a method (paragraph 0010) for controlling a fluid injection system 10 (figure 1, figure 11), comprising
Determining (paragraph 0010, “modeling one or more factor that affects impedance of the fluid injection system”), with at least one processor 724, at least one characteristic of a power injection protocol, wherein the at least one characteristic of the power injection protocol is associated with a medical fluid involved in the power injection protocol;
Determining (paragraph 0010, “measuring one or more characteristics of the fluid delivery”, paragraph 0011, “viscosity”), with the at least one processor, an estimated value of viscosity of the medical fluid based on the at least one characteristic of the power injection protocol;
Calculating (paragraph 0011, “estimated and measured parameter”, “hydraulic resistance”, paragraph 0155, “enables accurate estimation of, for example, viscosity”), with the at least one processor, a hydraulic resistance score based on the estimated value of viscosity of the medical fluid; and
Determining (paragraph 0122, lines 20-27, paragraph 0021), with the at least one processor, one or more motor controller gains of a motor of a powered fluid injector in the power injection protocol based on the hydraulic resistance score.
Regarding claim 9, Uber, III teaches further comprising determining (paragraph 0120) a value of hydraulic capacitance of the medical fluid involved in the power injection protocol, wherein determining (paragraph 0121) the one or more motor controller gains comprises determining the motor controller gains based on the value of hydraulic capacitance of the medical fluid involved in the power injection protocol.
Regarding claim 24, Uber, III teaches a system 10 (figure 1, figure 11) for controlling a fluid injection system (figures 1, 11), comprising at least one processor 724 programmed or configured to:
determine (paragraph 0010, “modeling one or more factor that affects impedance of the fluid injection system”) at least one characteristic of a power injection protocol, wherein the at least one characteristic of the power injection protocol is associated with a medical fluid involved in the power injection protocol;
determine (paragraph 0010, “measuring one or more characteristics of the fluid delivery”, paragraph 0011, “viscosity”) an estimated value of viscosity of the medical fluid based on the at least one characteristic of the power injection protocol;
calculate (paragraph 0011, “estimated and measured parameter”, “hydraulic resistance”, paragraph 0155, “enables accurate estimation of, for example, viscosity”) a hydraulic resistance score based on the estimated value of viscosity of the medical fluid; and
determine (paragraph 0122, lines 20-27, paragraph 0021) one or more motor controller gains of a motor of a powered fluid injector in the power injection protocol based on the hydraulic resistance score.
Regarding claim 32, Uber, III teaches wherein the at least one processor is further programmed or configured to determine (paragraph 0120) a value of hydraulic capacitance of the medical fluid involved in the power injection protocol, wherein when determining (paragraph 0121) the motor controller gains comprises determining the motor controller gains based on the value of hydraulic capacitance of the medical fluid involved in the power injection protocol.
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) 16 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Uber, III et al. (US 2020/0121860 A1) in view of Miles et al. (US 2005/0214131 A1).
Regarding claim 16, Uber, III discloses the claimed invention substantially as claimed, as set forth above in claim 1. Uber, III further discloses wherein determining the at least one characteristic of the power injection protocol comprises: controlling a force component 14 of a pump of the powered fluid injector to perform an operation (paragraph 0184, lines 14-22, although not explicitly cited, one can construe that since controller is controlling the operation of filling, priming or delivery, the controller is capable to use element 14 to fill a fluid path) to fill a fluid path; but is silent regarding determining a fill time for the fluid path, wherein the fill time for the fluid path comprises an amount of time during which a volume of the fluid path is being filled with the medical fluid, wherein determining the estimated value of viscosity of the medical fluid comprises determining the estimated value of viscosity of the medical fluid based on the fill time for the fluid path.
However, Miles teaches a method of measuring the viscosity wherein perform an operation to fill a fluid path (paragraph 0045, lines 1-12); and determining (paragraph 0045, lines 12-23) a fill time for the fluid path, wherein the fill time for the fluid path comprises an amount of time during which a volume of the fluid path is being filled with the medical fluid, wherein determining (paragraph 0045, lines 12-23) the estimated value of viscosity of the medical fluid comprises determining the estimated value of viscosity of the medical fluid based on the fill time for the fluid path for the purpose of determining a viscosity of the fluid (paragraph 0045, lines 12-23) using a well-known technique.
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the method of Uber, III to incorporate determining a fill time for the fluid path, wherein the fill time for the fluid path comprises an amount of time during which a volume of the fluid path is being filled with the medical fluid, wherein determining the estimated value of viscosity of the medical fluid comprises determining the estimated value of viscosity of the medical fluid based on the fill time for the fluid path as taught by Miles for the purpose of determining a viscosity of the fluid (paragraph 0045, lines 12-23) using a well-known technique.
Regarding claim 39, Uber, III discloses the claimed invention substantially as claimed, as set forth above in claim 24. Uber, III further discloses wherein when determining the at least one characteristic of the power injection protocol, the at least one processor is programmed or configured to: control a force component 14 of a pump of the powered fluid injector to perform an operation (paragraph 0184, lines 14-22, although not explicitly cited, one can construe that since controller is controlling the operation of filling, priming or delivery, the controller is capable to use element 14 to fill a fluid path) to fill a fluid path; but is silent regarding determine a fill time for the fluid path, wherein the fill time for the fluid path comprises an amount of time during which a volume of the fluid path is being filled with the medical fluid, wherein when determining the estimated value of viscosity of the medical fluid comprises determining the estimated value of viscosity of the medical fluid based on the fill time for the fluid path.
However, Miles teaches a method of measuring the viscosity wherein perform an operation to fill a fluid path (paragraph 0045, lines 1-12); and determine (paragraph 0045, lines 12-23) a fill time for the fluid path, wherein the fill time for the fluid path comprises an amount of time during which a volume of the fluid path is being filled with the medical fluid, wherein when determining (paragraph 0045, lines 12-23) the estimated value of viscosity of the medical fluid comprises determining the estimated value of viscosity of the medical fluid based on the fill time for the fluid path for the purpose of determining a viscosity of the fluid (paragraph 0045, lines 12-23) using a well-known technique.
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the processor of Uber, III to incorporate determine a fill time for the fluid path, wherein the fill time for the fluid path comprises an amount of time during which a volume of the fluid path is being filled with the medical fluid, wherein when determining the estimated value of viscosity of the medical fluid comprises determining the estimated value of viscosity of the medical fluid based on the fill time for the fluid path as taught by Miles for the purpose of determining a viscosity of the fluid (paragraph 0045, lines 12-23) using a well-known technique.
Claim(s) 18 and 41 are rejected under 35 U.S.C. 103 as being unpatentable over Uber, III et al. (US 2020/0121860 A1) in view of Kameyama (US 2012/0123325 A1).
Regarding claim 18, Uber, III discloses the claimed invention substantially as claimed, as set forth above in claim 1. Uber, III further discloses controlling a force component 14 of a pump of the powered fluid injector to provide fluid flow of the medical fluid in a lumen of a tube component of the fluid injection system (paragraph 0184, lines 14-22, although not explicitly cited, one can construe that since controller is controlling the operation of filling, priming or delivery, the controller is capable to use element 14 to fill a fluid path); but is silent regarding controlling the force component of the pump of the powered fluid injector to alter at least one condition of fluid flow of the medical fluid in the lumen of the tube component; and detecting a characteristic associated with altering the at least one condition of fluid flow of the medical fluid in the lumen of the tube component, wherein determining the estimated value of viscosity of the medical fluid comprises determining the estimated value of viscosity of the medical fluid based on the characteristic associated with altering the at least one condition of fluid flow of the medical fluid in the lumen of the tube component.
However, Kameyama teaches a design of power injector comprising controlling the force component of the pump of the powered fluid injector to alter at least one condition of fluid flow of the medical fluid in the lumen of the tube component (paragraph 0197, “force component” could be construed as a component that pushes the fluid and tube component could be construed as element 30); and detecting a characteristic (paragraph 0197, time taken to move the fluid from one location to another) associated with altering the at least one condition of fluid flow of the medical fluid in the lumen of the tube component, wherein determining the estimated value of viscosity (paragraph 0197, “viscosity”) of the medical fluid comprises determining the estimated value of viscosity of the medical fluid based on the characteristic associated with altering the at least one condition of fluid flow of the medical fluid in the lumen of the tube component for the purpose of using a well-known alternative approach to determine the viscosity of the fluid (paragraph 0197).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the method of Uber, III to incorporate controlling the force component of the pump of the powered fluid injector to alter at least one condition of fluid flow of the medical fluid in the lumen of the tube component; and detecting a characteristic associated with altering the at least one condition of fluid flow of the medical fluid in the lumen of the tube component, wherein determining the estimated value of viscosity of the medical fluid comprises determining the estimated value of viscosity of the medical fluid based on the characteristic associated with altering the at least one condition of fluid flow of the medical fluid in the lumen of the tube component as taught by Kameyama for the purpose of using a well-known alternative approach to determine the viscosity of the fluid (paragraph 0197).
Regarding claim 41, Uber, III discloses the claimed invention substantially as claimed, as set forth above in claim 24. Uber, III further discloses wherein determining the at least one characteristic of the power injection protocol, the at least one processor is programmed or configured to; control a force component 14 of a pump of the powered fluid injector to provide fluid flow of the medical fluid in a lumen of a tube component of the fluid injection system (paragraph 0184, lines 14-22, although not explicitly cited, one can construe that since controller is controlling the operation of filling, priming or delivery, the controller is capable to use element 14 to fill a fluid path); but is silent regarding control the force component of the pump of the powered fluid injector to alter at least one condition of fluid flow of the medical fluid in the lumen of the tube component; and detect a characteristic associated with altering the at least one condition of fluid flow of the medical fluid in the lumen of the tube component, and wherein when determining the estimated value of viscosity of the medical fluid comprises determining the estimated value of viscosity of the medical fluid based on the characteristic associated with altering the at least one condition of fluid flow of the medical fluid in the lumen of the tube component.
However, Kameyama teaches a design of power injector comprising control the force component of the pump of the powered fluid injector to alter at least one condition of fluid flow of the medical fluid in the lumen of the tube component (paragraph 0197, “force component” could be construed as a component that pushes the fluid and tube component could be construed as element 30); and detect a characteristic (paragraph 0197, time taken to move the fluid from one location to another) associated with altering the at least one condition of fluid flow of the medical fluid in the lumen of the tube component, wherein when determining the estimated value of viscosity (paragraph 0197, “viscosity”) of the medical fluid comprises determining the estimated value of viscosity of the medical fluid based on the characteristic associated with altering the at least one condition of fluid flow of the medical fluid in the lumen of the tube component for the purpose of using a well-known alternative approach to determine the viscosity of the fluid (paragraph 0197).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the processor of Uber, III to incorporate control the force component of the pump of the powered fluid injector to alter at least one condition of fluid flow of the medical fluid in the lumen of the tube component; and detect a characteristic associated with altering the at least one condition of fluid flow of the medical fluid in the lumen of the tube component, wherein when determining the estimated value of viscosity of the medical fluid comprises determining the estimated value of viscosity of the medical fluid based on the characteristic associated with altering the at least one condition of fluid flow of the medical fluid in the lumen of the tube component as taught by Kameyama for the purpose of using a well-known alternative approach to determine the viscosity of the fluid (paragraph 0197).
Allowable Subject Matter
Claims 2, 5, 7, 8, 10, 13, 19, 25, 28, 30, 31, 33 and 36 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 closest prior art of record, Uber, III et al. (US 2020/0121860 A1), is silent regarding wherein determining the estimated value of viscosity of the medical fluid comprises: determining an estimated value of viscosity of the contrast based on the characteristic ratio in combination with other claimed limitations of claim 2.
Claims 5, 7 and 8 being dependent on claim 2 are also indicated allowable.
The closest prior art of record, Uber, III et al. (US 2020/0121860 A1), is silent regarding calculating a difference in pressure of the power injection protocol between the vacuum fill state and the normal fill state based on the first pressure of the power injection protocol and the second pressure of the power injection protocol in combination with other claimed limitations of claim 10.
The closest prior art of record, Uber, III et al. (US 2020/0121860 A1), is silent regarding wherein determining the estimated value of viscosity of the medical fluid comprises determining the estimated value of viscosity of the medical fluid based on the force exerted on the force component of the pump during each fill operation of the plurality of fill operation of the fluid reservoir and the flow rate through the orifice during each fill operation of the plurality of fill operations of the fluid reservoir in combination with other claimed limitations of claim 13.
The closest prior art of record, Uber, III et al. (US 2020/0121860 A1) in view of Kameyama (US 2012/0123325 A1), is silent regarding controlling the force component of the pump of the powered fluid injector to transition from laminar fluid flow of fluid in the lumen of the tube component to turbulent fluid flow of fluid in the lumen of the tube component in combination with other claimed limitations of claim 19.
The closest prior art of record, Uber, III et al. (US 2020/0121860 A1), is silent regarding wherein when determining the estimated value of viscosity of the medical fluid, the at least one processor is programmed or configured to determine an estimated value of viscosity of the contrast based on the characteristic ratio in combination with other claimed limitations of claim 25.
Claims 28, 30 and 31 being dependent on claim 25 are also indicated allowable.
The closest prior art of record, Uber, III et al. (US 2020/0121860 A1), is silent regarding wherein when determining the estimated value of viscosity of the medical fluid, the at least one processor is programmed or configured to determine the estimated value of viscosity of the medical fluid based on the difference in pressure of the power injection protocol between the vacuum fill state and the normal fill state in combination with other claimed limitations of claim 33.
The closest prior art of record, Uber, III et al. (US 2020/0121860 A1), is silent regarding wherein when determining the estimated value of viscosity of the medical fluid, the at least one processor is programmed or configured to determine the estimated value of viscosity of the medical fluid based on the force exerted on the force component of the pump during each fill operation of the plurality of fill operation of the fluid reservoir and the flow rate through the orifice during each fill operation of the plurality of fill operations of the fluid reservoir in combination with other claimed limitations of claim 36.
Conclusion
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/NILAY J SHAH/Primary Examiner, Art Unit 3783