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 .
Information Disclosure Statement
The information disclosure statement filed February 24, 2023, fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered:
No copy of CN 112842235 has been provided for consideration thereof
Specification
The abstract of the disclosure is objected to because:
In lines 4-5, “a medical procedure including:” should be changed to “a medical procedure, the system including:”
In line 6, the first recitation of “fluid” should be changed to “the fluid”
In line 6, the second recitation of “fluid” should be changed to “the fluid”
In line 9, “the first and second sensors” should be changed to “the first sensor and the second sensor”
In lines 10-11, “a detected ambient temperature” should be changed to “the detected ambient temperature”
In line 11, “temperature of the heater” should be changed to “the temperature of the heater”
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 1, 9, 11, 15-16, and 20 are objected to because of the following informalities:
In regards to claim 1, line 15, “a detected ambient temperature” should be changed to “the detected ambient temperature”.
In regards to claim 1, line 15, “a detected temperature of the heater” should be changed to “the detected temperature of the heater”.
In regards to claim 9, line 9, “an ambient temperature” should be changed to “the ambient temperature”.
In regards to claim 11, line 12, “the temperature” should be changed to “a temperature”.
In regards to claim 11, line 18, “a detected ambient temperature” should be changed to “the measured ambient temperature”.
In regards to claim 11, lines 18-19, “a detected temperature of the heater” should be changed to “the measured temperature of the heater”.
In regards to claim 11, lines 19-20, “the detected temperature of the heater” should be changed to “the measured temperature of the heater”.
In regards to claim 11, line 20, “a temperature of the fluid” should be changed to “the temperature of the fluid”.
In regards to claim 11, line 21, “the detected ambient temperature” should be changed to “the measured ambient temperature”.
In regards to claim 11, lines 21-22, “the detected temperature of the heater” should be changed to “the measured temperature of the heater”.
In regards to claim 15, lines 4-5, “an ambient temperature” should be changed to “the ambient temperature”.
In regards to claim 16, line 6, “the temperature” should be changed to “a temperature”.
In regards to claim 16, line 7, “during in a medical procedure” should be changed to “during a medical procedure”.
In regards to claim 16, lines 16-17, “a temperature of the fluid” should be changed to “the temperature of the fluid”.
In regards to claim 20, line 3, “an ambient temperature” should be changed to “the ambient temperature”.
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 15-20 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.
In regards to claim 15, lines 2-5 recite “the pump” in four recitations. There is insufficient antecedent basis for this limitation in the claim.
In regards to claim 16, lines 12-19 recite “the heater” in five recitations. There is insufficient antecedent basis for this limitation in the claim. Claims 17-20 are rejected by virtue of being dependent upon claim 16. Claim 19 also recites “the heater” in three recitations for which there is insufficient antecedent basis.
In regards to claim 20, lines 30-31 to 1-3 recite “the pump” in four recitations. There is insufficient antecedent basis for this limitation in the claim.
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 11, 14, 16, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ma (CN 107362418).
In regards to claim 11, Ma teaches a method of controlling the temperature of fluid used in a medical procedure (temperature of transfusion medicine liquid keep upper to make human body comfortable temperature), the method comprising:
using a first temperature sensor (41), measuring an ambient temperature (detecting the room temperature… through the ambient temperature sensor 41)
using a second temperature sensor (42), measuring a temperature of a heater (3) used to heat the fluid (transfusion medicine liquid) in a container (bottle) (detecting… heating temperature through.. the heating temperature sensor 42)
using a processor (4), adjusting one or more operating parameters of the heater in response to a difference between a detected ambient temperature and a detected temperature of the heater (the temperature controller 4 controls the heater 3 according to the detected room temperature and heating temperature; For example, the temperature controller 4 can control the heater 3 the heating temperature is lower than the room temperature working, and stops working when the heating temperature reaches or higher than room temperature), and in accordance with a first predetermined relationship between the detected temperature of the heater and a temperature of the fluid in the container (control operation of the heater 3 through detecting… heating temperature through… the heating temperature sensor 42, time the temperature of the transfusion medicine liquid keep upper to make human body comfortable temperature), and in accordance with a second predetermined relationship between the detected ambient temperature and the detected temperature of the heater (the temperature controller 4 controls the heater 3 according to the detected room temperature and heating temperature; For example, the temperature controller 4 can control the heater 3 the heating temperature is lower than the room temperature working, and stops working when the heating temperature reaches or higher than room temperature), in order to maintain the temperature of the fluid in the container within a predetermined temperature range (the temperature of the transfusion medicine liquid keep upper to make human body comfortable temperature)
In regards to claim 14, Ma teaches wherein the one or more operating parameters of the heater comprises switching the heater on and off for predetermined intervals (the temperature controller 4 can control the heater 3 the heating temperature is lower than the room temperature working, and stops working when the heating temperature reaches or higher than room temperature).
In regards to claim 16, Ma teaches a control apparatus (Figure 1, temperature controller 4) for controlling the temperature of fluid supplied to a medical instrument during in a medical procedure (temperature of transfusion medicine liquid keep upper to make human body comfortable temperature), the control apparatus comprising:
a processor (4) comprising hardware (4), the processor being configured to:
receive a first output from a first temperature sensor indicating an ambient temperature (the temperature controller 4 comprises a detection chamber temperature of the ambient temperature sensor 41)
receive a second output from a second temperature sensor indicating a temperature of the heater configured to heat the fluid contained in a container (the temperature controller 4 comprises… detecting the heating temperature of the heating temperature sensor 42)
adjust one or more operating parameters of the heater in response to a difference between the first output indicating the ambient temperature and the second output indicating the temperature of the heater (the temperature controller 4 controls the heater 3 according to the detected room temperature and heating temperature; For example, the temperature controller 4 can control the heater 3 the heating temperature is lower than the room temperature working, and stops working when the heating temperature reaches or higher than room temperature), and in accordance with a first predetermined relationship between the second output indicating the temperature of the heater and a temperature of the fluid in the container (control operation of the heater 3 through detecting… heating temperature through… the heating temperature sensor 42, time the temperature of the transfusion medicine liquid keep upper to make human body comfortable temperature), and in accordance with a second predetermined relationship between the first output indicating the ambient temperature and the second output indicating the temperature of the heater (the temperature controller 4 controls the heater 3 according to the detected room temperature and heating temperature; For example, the temperature controller 4 can control the heater 3 the heating temperature is lower than the room temperature working, and stops working when the heating temperature reaches or higher than room temperature), in order to maintain the temperature of the fluid in the container within a predetermined temperature range (the temperature of the transfusion medicine liquid keep upper to make human body comfortable temperature)
In regards to claim 19, Ma teaches wherein the one or more operating parameters of the heater comprises switching the heater on and off for predetermined intervals (the temperature controller 4 can control the heater 3 the heating temperature is lower than the room temperature working, and stops working when the heating temperature reaches or higher than room temperature).
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 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Ma, and further in view of Faries et al (US 2013/0197437).
In regards to claim 1, Ma teaches a medical fluid temperature management system (Figure 1) for a medical procedure, the medical fluid temperature management system comprising:
a container (bottle) configured to contain fluid (transfusion medicine liquid) for supply to a medical instrument
a heater (3) located externally to the container and configured to heat the fluid in the container
a first temperature sensor (41) configured to detect an ambient temperature
a second temperature sensor (42) configured to detect a temperature of the heater
a processor (4) comprising hardware (4), the processor being in communication with the first temperature sensor and with the second temperature sensor and the processor being configured to adjust one or more operating parameters of the heater in response to a difference between a detected ambient temperature and a detected temperature of the heater (the temperature controller 4 controls the heater 3 according to the detected room temperature and heating temperature; For example, the temperature controller 4 can control the heater 3 the heating temperature is lower than the room temperature working, and stops working when the heating temperature reaches or higher than room temperature), and in accordance with a first predetermined relationship between the detected temperature of the heater and a temperature of the fluid in the container (control operation of the heater 3 through detecting… heating temperature through… the heating temperature sensor 42, time the temperature of the transfusion medicine liquid keep upper to make human body comfortable temperature), and in accordance with a second predetermined relationship between the detected ambient temperature and the detected temperature of the heater (the temperature controller 4 controls the heater 3 according to the detected room temperature and heating temperature; For example, the temperature controller 4 can control the heater 3 the heating temperature is lower than the room temperature working, and stops working when the heating temperature reaches or higher than room temperature), in order to maintain the temperature of the fluid in the container within a predetermined temperature range (the temperature of the transfusion medicine liquid keep upper to make human body comfortable temperature)
Ma is silent about a pump operable to withdraw the fluid from the container and supply the fluid to the medical instrument. Faries et al teaches a medical fluid temperature management system (Figures 1A-2B, 3B) comprising a pump (inflatable bellows or bladder; a manual pump (e.g., bulb); a pump) operable to withdraw the fluid from the container and supply the fluid to the medical instrument. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the system, of Ma, with a pump, as taught by Faries et al, as such will enhance infusion by applying pressure to the container to achieve a desired solution flow or infusion rate (paragraph [0036]).
In regards to claim 2, in the modified system of Ma and Faries et al, Ma teaches wherein the heater is configured to contact one or more of a base and a side surface of the container (Figure 1).
In regards to claim 3, in the modified system of Ma and Faries et al, Ma teaches a support (1) on which the container is removably received, wherein the heater is located in the support (Figure 1).
In regards to claim 4, in the modified system of Ma and Faries et al, Ma teaches wherein the support defines an insulated (insulated) enclosure (1) for receiving the container.
In regards to claim 5, in the modified system of Ma and Faries et al, Ma teaches wherein the enclosure is shaped and dimensioned to form a close fit with the container (Figure 1).
In regards to claim 6, in the modified system of Ma and Faries et al, Ma is silent about wherein at least a part of the enclosure is formed of a resilient material. Faries et al teaches wherein at least a part of an enclosure (115) is formed of a resilient material (paragraph [0035]: The cover 115 may be flexible). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify at least a part of the enclosure, of the modified system of Ma and Faries et al, to be formed of a resilient material, as taught by Faries et al, as such will enclose (wrap around) at least a portion of the container to secure it within the enclosure by conforming to the container (paragraph [0035]).
In regards to claim 7, in the modified system of Ma and Faries et al, Ma teaches wherein the heater comprises wire (3).
In regards to claim 8, in the modified system of Ma and Faries et al, Ma is silent about wherein the first temperature sensor is located externally of the pump. Faries et al teaches wherein a first temperature sensor (340B) is located externally of the pump (Figures 1A-1C, 3B). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the first temperature sensor, of the modified system of Ma and Faries et al, to be located externally of the pump, as taught by Faries et al, as such will allow for measuring the ambient temperature (e.g., the surface temperature or the air temperature) (paragraph [0057]) and will enhance infusion by applying pressure to the container to achieve a desired solution flow or infusion rate (paragraph [0036]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Ma and Faries et al, as applied to claim 1 above, and further in view of Briggs et al (US 6,503,221).
In regards to claim 9, in the modified system of Ma and Faries et al, Ma is silent about wherein the first temperature sensor is located internally of the pump and detects the ambient temperature within the pump, and the second predetermined relationship is adjusted in accordance with a third predetermined relationship between the detected ambient temperature within the pump and an ambient temperature external to the pump. Briggs et al teaches a medical fluid temperature management system (Figures 1-12) teaches wherein a first temperature sensor (472) is located internally of a pump (50) and detects an ambient temperature within the pump (column 16, line 64). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the first temperature sensor, of the modified system of Ma and Faries et al, to be located internally of the pump and detect the ambient temperature within the pump, as taught by Briggs et al, as such will allow for adjusting the pump operating speed to provide a more accurate flow control (column 13, lines 64-67, to column 14, line 1).
Briggs et al is silent about the second predetermined relationship is adjusted in accordance with a third predetermined relationship between the detected ambient temperature within the pump and an ambient temperature external to the pump. But it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the second predetermined relationship, of the modified system of Ma, Faries et al, and Briggs et al, to be adjusted in accordance with a third predetermined relationship between the detected ambient temperature within the pump and an ambient temperature external to the pump, as such will allow for maintaining the fluid within the predetermined temperature range based on temperatures of the pump and of the environment outside of the system determining the operating parameters of the heater.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Ma and Faries et al, as applied to claim 1 above, and further in view of Bakke (US 6,035,102).
In regards to claim 10, in the modified system of Ma and Faries et al, Ma is silent about wherein the predetermined temperature range is 370C±30C. Bakke teaches a medical fluid temperature management system (Figures 1-4) wherein a predetermined temperature range is about 35 to 40 degrees C (column 1, lines 17-19). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the predetermined temperature range, of the modified system of Ma and Faries et al, to be about 35 to 40 degrees C, as taught by Bakke, as such is physiologic temperature for transfusion, wherein infusion of cold liquids at high flow rates can cause cardiac arrhythmias, cardiac arrest and death, and even at low flow rates it is desirable to warm intravenous liquids for delivery to the patient, especially if the patient is an infant or child, has cardiac disease or is otherwise of fragile health (column 1, lines 17-24).
Bakke anticipates 370C+30C (40 degrees C); however, Bakke does not anticipate 370C-30C, which is equal to 340C, as Bakke teaches 35 degrees C. Applicant’s Specification (page 5, lines 6-9) recites: As normal body temperature is approximately 37° C., the predetermined temperature range can be a few degrees either side of this, for example it may be 37±3° C. Thus, other than surrounding normal body temperature, which is taught by Bakke, Applicant does not provide any criticality for the predetermined temperature range specifically being 37±3° C. Thus, before the effective filing date of the claimed invention, it would have been an obvious matter of design choice to a person having ordinary skill in the art to modify the predetermined temperature range, of the modified system of Ma, Faries et al, and Bakke, to be 37±3° C, as Applicant has not disclosed that such a temperature range provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with the predetermined temperature range being about 35 to 40 degrees C, as taught by Bakke, as a person having ordinary skill in the art would have known how to select the predetermined temperature range in order to deliver the fluid at physiologic temperature for transfusion, wherein infusion of cold liquids at high flow rates can cause cardiac arrhythmias, cardiac arrest and death, and even at low flow rates it is desirable to warm intravenous liquids for delivery to the patient, especially if the patient is an infant or child, has cardiac disease or is otherwise of fragile health.
Claims 12 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Ma, as applied to claims 11 and 16 above, and further in view of Bakke.
In regards to claim 12, Ma is silent about wherein the predetermined temperature range is 370C±30C. Bakke teaches a method of controlling the temperature of fluid used in a medical procedure, wherein a predetermined temperature range is about 35 to 40 degrees C (column 1, lines 17-19). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the predetermined temperature range, of the method of Ma, to be about 35 to 40 degrees C, as taught by Bakke, as such is physiologic temperature for transfusion, wherein infusion of cold liquids at high flow rates can cause cardiac arrhythmias, cardiac arrest and death, and even at low flow rates it is desirable to warm intravenous liquids for delivery to the patient, especially if the patient is an infant or child, has cardiac disease or is otherwise of fragile health (column 1, lines 17-24).
Bakke anticipates 370C+30C (40 degrees C); however, Bakke does not anticipate 370C-30C, which is equal to 340C, as Bakke teaches 35 degrees C. Applicant’s Specification (page 5, lines 6-9) recites: As normal body temperature is approximately 37° C., the predetermined temperature range can be a few degrees either side of this, for example it may be 37±3° C. Thus, other than surrounding normal body temperature, which is taught by Bakke, Applicant does not provide any criticality for the predetermined temperature range specifically being 37±3° C. Thus, before the effective filing date of the claimed invention, it would have been an obvious matter of design choice to a person having ordinary skill in the art to modify the predetermined temperature range, of the modified method of Ma and Bakke, to be 37±3° C, as Applicant has not disclosed that such a temperature range provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with the predetermined temperature range being about 35 to 40 degrees C, as taught by Bakke, as a person having ordinary skill in the art would have known how to select the predetermined temperature range in order to deliver the fluid at physiologic temperature for transfusion, wherein infusion of cold liquids at high flow rates can cause cardiac arrhythmias, cardiac arrest and death, and even at low flow rates it is desirable to warm intravenous liquids for delivery to the patient, especially if the patient is an infant or child, has cardiac disease or is otherwise of fragile health.
In regards to claim 17, Ma is silent about wherein the predetermined temperature range is 370C±30C. Bakke teaches a control apparatus (Figures 1-4, temperature controller 22) for controlling the temperature of fluid supplied to a medical instrument during in a medical procedure, wherein a predetermined temperature range is about 35 to 40 degrees C (column 1, lines 17-19). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the predetermined temperature range, of the apparatus of Ma, to be about 35 to 40 degrees C, as taught by Bakke, as such is physiologic temperature for transfusion, wherein infusion of cold liquids at high flow rates can cause cardiac arrhythmias, cardiac arrest and death, and even at low flow rates it is desirable to warm intravenous liquids for delivery to the patient, especially if the patient is an infant or child, has cardiac disease or is otherwise of fragile health (column 1, lines 17-24).
Bakke anticipates 370C+30C (40 degrees C); however, Bakke does not anticipate 370C-30C, which is equal to 340C, as Bakke teaches 35 degrees C. Applicant’s Specification (page 5, lines 6-9) recites: As normal body temperature is approximately 37° C., the predetermined temperature range can be a few degrees either side of this, for example it may be 37±3° C. Thus, other than surrounding normal body temperature, which is taught by Bakke, Applicant does not provide any criticality for the predetermined temperature range specifically being 37±3° C. Thus, before the effective filing date of the claimed invention, it would have been an obvious matter of design choice to a person having ordinary skill in the art to modify the predetermined temperature range, of the modified apparatus of Ma and Bakke, to be 37±3° C, as Applicant has not disclosed that such a temperature range provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with the predetermined temperature range being about 35 to 40 degrees C, as taught by Bakke, as a person having ordinary skill in the art would have known how to select the predetermined temperature range in order to deliver the fluid at physiologic temperature for transfusion, wherein infusion of cold liquids at high flow rates can cause cardiac arrhythmias, cardiac arrest and death, and even at low flow rates it is desirable to warm intravenous liquids for delivery to the patient, especially if the patient is an infant or child, has cardiac disease or is otherwise of fragile health.
Claims 13 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ma, as applied to claims 11 and 16 above.
In regards to claim 13, Ma teaches placing the container in an insulated (insulated) enclosure (1) to reduce heat loss from the container (it can through the heating cavity 2 is directly sleeved on the dropping-bottle). However, Ma is silent about wherein the adjusting further comprises adjusting the first predetermined relationship to account for the reduced heat loss. But it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the adjusting, of the method of Ma, to further comprise adjusting the first predetermined relationship to account for the reduced heat loss, as such would save energy of a power supply and the heater as the heater would not have to heat as much to maintain the fluid within the predetermined temperature range due to the insulated enclosure reducing heat loss.
In regards to claim 18, Ma teaches the container being insulated (insulated) to reduce heat loss from the container. However, Ma is silent about wherein the processor is further configured to adjust the one or more operating parameters based on a reduced heat loss from the container resulting from the container being insulated. But it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the processor, of the apparatus of Ma, to be configured to adjust the one or more operating parameters based on a reduced heat loss from the container resulting from the container being insulated, as such would save energy of a power supply and the heater as the heater would not have to heat as much to maintain the fluid within the predetermined temperature range due to the insulated container reducing heat loss.
Claims 15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ma, as applied to claims 11 and 16 above, and further in view of Briggs et al.
In regards to claim 15, Ma is silent about wherein the first temperature sensor is located internally of the pump and detects the ambient temperature within the pump, and the method further comprises adjusting the second predetermined relationship in accordance with a third predetermined relationship between the detected ambient temperature within the pump and an ambient temperature external to the pump. Briggs et al teaches a method of controlling the temperature of fluid used in a medical procedure, wherein a first temperature sensor (472) is located internally of a pump (50) and detects an ambient temperature within the pump (column 16, line 64). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the first temperature sensor, of the method of Ma, to be located internally of the pump and detect the ambient temperature within the pump, as taught by Briggs et al, as such will allow for adjusting the pump operating speed to provide a more accurate flow control (column 13, lines 64-67, to column 14, line 1).
Briggs et al is silent about the method further comprises adjusting the second predetermined relationship in accordance with a third predetermined relationship between the detected ambient temperature within the pump and an ambient temperature external to the pump. But it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the modified method, of Ma and Briggs et al, to comprise adjusting the second predetermined relationship in accordance with a third predetermined relationship between the detected ambient temperature within the pump and an ambient temperature external to the pump, as such will allow for maintaining the fluid within the predetermined temperature range based on temperatures of the pump and of the environment outside of the system determining the operating parameters of the heater.
In regards to claim 20, Ma is silent about wherein the first temperature sensor is located internally of the pump and the first output indicates the ambient temperature within the pump, and the processor adjusts the second predetermined relationship in accordance with a third predetermined relationship between the first output indicating the ambient temperature within the pump and an ambient temperature external to the pump. Briggs et al teaches a control apparatus (Figures 1-12) for controlling the temperature of fluid supplied to a medical instrument during in a medical procedure, wherein a first temperature sensor (472) is located internally of a pump (50) and a first output indicates an ambient temperature within the pump (column 16, line 64). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the first temperature sensor, of the apparatus of Ma, to be located internally of the pump and the first output indicate the ambient temperature within the pump, as taught by Briggs et al, as such will allow for adjusting the pump operating speed to provide a more accurate flow control (column 13, lines 64-67, to column 14, line 1).
Briggs et al is silent about the processor adjusts the second predetermined relationship in accordance with a third predetermined relationship between the first output indicating the ambient temperature within the pump and an ambient temperature external to the pump. But it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the processor, of the modified apparatus of Ma and Briggs et al, to adjust the second predetermined relationship in accordance with a third predetermined relationship between the first output indicating the ambient temperature within the pump and an ambient temperature external to the pump, as such will allow for maintaining the fluid within the predetermined temperature range based on temperatures of the pump and of the environment outside of the system determining the operating parameters of the heater.
Conclusion
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/SHEFALI D PATEL/Primary Examiner, Art Unit 3783