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 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 1-19 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.
Regarding claims 1 and 7, the phrase "other" renders the claim indefinite because the claim includes elements not actually disclosed (those encompassed by "other"), thereby rendering the scope of the claims unascertainable. See MPEP § 2173.05(d).
Claims 2-6 and 8-19 are included in the rejection for depending either directly or indirectly on a rejected claim.
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.
Claim(s) 1-3, 6, 12-15, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hatamian (US Patent Application Publication No 20060173396), hereinafter Hatamian.
Regarding claim 1, Hatamian discloses:
A medical fluid system (system 10 in Fig 1) comprising:
a medical fluid pump (pump 60 in Fig 1) configured to pump a medical fluid;
a thermoelectric heater (Peltier module 164 in Fig 13) positioned and arranged to heat medical fluid pumped by the medical fluid pump (60), the thermoelectric heater (164) including a heated side (164 in thermal contact with top and bottom coil plates 342 & 344 of heat exchanger 320 as shown is Figs 18-21 and described in Paras [0074-0077]) and a cooled side (164 in thermal contact with cold plate 132 as described in Para [0070] Lines 3-7);
a heat exchanger (fluid assembly housing 320 as seen in Figs 18-21) through which medical fluid pumped by the medical fluid pump (60) is heated, the heat exchanger (320) positioned and arranged so as to be in thermal communication with the heated side (164 in thermal contact with coil plates 342 & 344 of heat exchanger 320) of the thermoelectric heater (164). (Para [0078] Lines 6-9); and
a mounting plate (cold plate 132 together with and mounted inside of bracket 138), the medical fluid pump (60) or other components of the medical fluid system (10) supported by the mounting plate (132, 138), the mounting plate (132, 138) positioned and arranged so as to be in thermal communication with the cooled side (164 in thermal contact with cold plate 132) of the thermoelectric heater (164). (Para [0070] Lines 3-7).
Regarding claim 2, Hatamian discloses the medical fluid system (10) of Claim 1, wherein the heat exchanger (320) being in thermal communication with the heated side (164 in thermal contact with coil plates 342 & 344 of heat exchanger 320) of the thermoelectric heater (164) includes directly contacting the heated side (164 in thermal contact with coil plates 342 & 344 of heat exchanger 320). (Para [0078]).
Regarding claim 3, Hatamian discloses the medical fluid system (10) of Claim 1, wherein the heat exchanger (320) includes a conductive heat exchanger block (top and bottom coil plates 342 & 344 as seen in Figs 18-21) and a conductive serpentine pathway (coil channels 350 & 351 in coil housing chamber 328 as seen in Figs 18-21) supported by the conductive heat exchanger block (342 & 344).
Regarding claim 6, Hatamian discloses the medical fluid system (10) of Claim 1, wherein the mounting plate (cold plate 132 together with and mounted inside of bracket 138), being in thermal communication with the cooled side (164 in thermal contact with cold plate 132) of the thermoelectric heater (164) includes being in direct contact with the cooled side. (Para [0070] Lines 3-5).
Regarding claim 12, Hatamian discloses the medical fluid system (10) of Claim 1, wherein the thermoelectric heater (164 within thermoelectric system 210 in Fig 16) includes a plurality of semiconductors (P-type semiconductors 232 and N-type semiconductors 234 in Fig 16) extending between the heated side (210 in thermal contact with coil plates 342 & 344 of heat exchanger 320) and a cooled side (164 in thermal contact with cold plate 132).
Regarding claim 13, Hatamian discloses the medical fluid system (10) of Claim 12, which includes a plurality of conductive leads (electrical conductors 226a-c in Fig 16) located between the plurality of semiconductors (232, 234) and the heated and cooled sides (164 in thermal contact with coil plates 342 & 344 of heat exchanger 320 and cold plate 132).
Regarding claim 14, Hatamian discloses the medical fluid system (10) of Claim 13, wherein the plurality of conductive leads (226a-c) are positioned and arranged such that the plurality of semiconductors (232, 234) operate electrically in series (Fig 16 shows the conductive leads arranged in series with direct current source 238).
Regarding claim 15, Hatamian discloses the medical fluid system (10) of Claim 12, wherein the plurality of semiconductors (232, 234) operate thermally in parallel. (Fig 16 indicates parallel direction of thermal conductivity via arrows inside of semiconductors).
Regarding claim 18, Hatamian discloses the medical fluid system (10) of Claim 1, which includes a control unit (Para [0057] Lines 9-17), the control unit configured to cause the polarity of power to the thermoelectric heater (164) to be reversed (Para [0057] Lines 9-17) such that the heated side (164 in thermal contact with coil plates 342 & 344 of heat exchanger 320) becomes a cooled side (164 in thermal contact with coil plates 342 & 344 of heat exchanger 320 and cold plate 132) of the thermoelectric heater (164), wherein the heat exchanger (320) is then positioned and arranged so as to be in thermal communication with the cooled side (164 in thermal contact with cold plate 132).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hatamian in view of Cleland (US Patent No 5564602), hereinafter, Cleland.
Hatamian discloses a conductive heat exchanger block (top and bottom coil plates 342 & 344) and a serpentine pathway (coil channels 350 & 351), but Hatamian fails to disclose that the block is made of aluminum or copper and that the conductive serpentine pathway is made of stainless steel.
Cleland teaches a heat exchanger (primary heat exchanger means N in Fig 6) made of cast aluminum in heat-conducting contact with serpentine-formed stainless-steel fluid conducting coils (Col 10, Lines 21-28).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the heat exchanger block of Hatamian to be made of cast aluminum and to modify the serpentine pathway to be made out of stainless steel as taught by Cleland in order to achieve predictable benefits in thermal performance, corrosion resistance, and cleanability.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hatamian in view of Fehlau (EP No 0003822), hereinafter, Fehlau.
Hatamian discloses a temperature sensor (temperature leads 422) to measure the temperature of fluid flowing to and from the subject for purposes of controlling temperature of the medical fluid, but Hatamian fails to disclose the specific location of the temperature sensor as being on or inside the conductive heat exchanger block (top and bottom coil plates 342 & 344).
Fehlau teaches a temperature sensor (temperature sensor 8 in Fig 2) arranged inside the heat exchanger block (main exchanger 4 in Fig 2) as close as possible to the outflowing fluid line.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the temperature sensor arrangement of Hatamian by placing the temperature sensor inside the heat exchanger block as taught by Fehlau in order to measure fluid temperature directly at the point of heat transfer and thereby provide more accurate and responsive temperature control.
Claims 7-8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Hatamian in view of Hou (US Patent No 5983997), hereinafter Hou.
Regarding claim 7, Hatamian discloses a medical fluid pump (60) or other components of the medical fluid system (10) being supported by the mounting plate (cold plate 132 together with and mounted inside of bracket 138) which includes the medical fluid pump (60) or other components of the medical fluid system (10) being mounted to the mounting plate (132 with 138), but Hatamian does not teach the explicit location or placement of those components on the cold plate (132).
Hou teaches directly mounting components (heat-generating components 100) to a thermally conductive plate or cold side structure (plate 10 and bosses 24a-g in Fig 2; Col 4, Lines 18-21) of a thermoelectric device (cooling system 70) to enhance heat conduction and cooling.
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify the arrangement of components relative to the mounting plate in Hatamian by mounting the medical fluid pump and other heat-generating components directly to the mounting plate as taught by Hou in order to increase thermal coupling between those components and the cooled side of the thermoelectric heater and thereby improve component cooling.
Regarding claim 8, it recites that “the other components include at least one of (i) at least one valve, (ii) at least one temperature sensor, (iii) at least one pressure sensor, or (iv) a flow sensor or flow switch, and electronics associated with the other components.”
Hatamian considers the use of temperature and flow-rate components to measure and control flow rate of a medical fluid. Hatamian does not, however, mention the specific location of those components as being mounted on a cold plate (132).
Hou teaches directly mounting other components (heat-generating components 100) to a thermally conductive plate or cold side structure (plate 10 and bosses 24a-g in Fig 2; Col 4, Lines 18-21) of a thermoelectric device (cooling system 70) to enhance heat conduction and cooling.
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify the arrangement of components relative to the mounting plate in Hatamian by mounting the medical fluid pump and other heat-generating components, including temperature and flow-rate control components, directly to the mounting plate as taught by Hou in order to increase thermal coupling between those components and the cooled side of the thermoelectric heater and thereby improve component cooling.
Regarding claim 10, Hatamian discloses a mounting plate (132 with 138), but fails to teach that it is attached to or is formed to have at least one heat fin for convectively transferring heat from at least one component of the medical fluid system (10) to the mounting plate (132 with 138), the at least one component located adjacent to the at least one heat fin.
Hou teaches providing fins (fin structures 26 in Fig 3) on thermally conductive plates or cold plates (10) associated with thermoelectric devices, and positioning components adjacent to these fins (26) so that air flow across the fins convectively transfer heat from nearby components to the cold plate (10).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify the mounting plate of Hatamian to have a fin attached to or be formed to have a least one heat fin as taught by Hou in order to enhance convective heat transfer from those components into the mounting plate and thereby improve their cooling.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hatamian in view of Lipp (US Patent Application Publication No 20090159241), hereinafter Lipp.
Regarding claim 9, Hatamian discloses that the medical fluid system (10) includes at least one heat pipe extending from the medical fluid pump (60) or at least one of the other components of the medical fluid system (10) to the mounting plate (132 with 138) for conducting heat to the mounting plate (132 with 138).
Lipp (para [0046] and Claim 14) teaches thermal management structures for electronic devices in which discrete heat pipes (first manifold pipe 106 and second manifold pipe 108) extend from heat-generating components to a cold plate (cold plate shelves 101) so that heat is efficiently conducted from the components into the cold plate (cold plate shelves 101).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting plate of Hatamian to include a heat pipe extending from the medical fluid pump or other heat-generating components to be in thermal communication with the cold plate, as taught by Lipp, in order to enhance conduction of heat from those components into the mounting plate that is in thermal communication with the cold plate.
Claims 11 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hatamian in view of Peters (US Patent Application Publication No 20130136431), hereinafter Peters.
Regarding claim 11, in the modified device of Hatamian, Hatamian discloses a medical fluid system (10) in which the cooled side (164 in thermal contact with cold plate 132) of a thermoelectric heater (164) is thermally coupled to a mounting plate (132 with 138) that supports heat-generating components, and it is contemplated to provide heat fins on the mounting plate (132 with 138) to convectively cool components that cannot be directly mounted, with air circulating between the fins and the adjacent components to transfer heat. However, Hatamian does not explicitly disclose a fan arranged to blow air between the fins and those convectively cooled components.
Peters discloses a fan (fan 17 in Fig 1) used for directing heated fluid to a cold section (para [0175]). In another embodiment, Peters illustrates the heating of a cold section of a heating device as being achieved by means of an air flow fan (fan 400 in Fig 6) and, in particular, one that is conducted in a targeted manner (para [0189]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the finned mounting plate of Hatamian to incorporate a fan directed to blow air between the fins, as taught by Peters, in order to enhance convective heat transfer from nearby electronic components to the cold plate.
Regarding claim 20, in the modified device of Hatamian, Hatamian discloses method for heating a medical fluid comprising a supplying electrical energy to a thermoelectric heater (164) so as to create a heated side (164 in thermal contact with coil plates 342 & 344 of heat exchanger 320) and a cooled side (164 in thermal contact with cold plate 132) of the thermoelectric heater, the thermoelectric heater (164) provided as part of a medical fluid machine (apparatus provided by heat exchanger 320).
Hatamian does not disclose locating a heat exchanger (320) so that medical fluid flowing within the heat exchanger (320) receives heat from the heated side (164 in thermal contact with coil plates 342 & 344 of heat exchanger 320) of the thermoelectric heater (164); and locating at least one component of the medical fluid machine (apparatus provided by heat exchanger 320) so that heat given off by the at least one component is received by the cooled side (164 in thermal contact with cold plate 132) of the thermoelectric heater (164), the heat received by the cooled side (164 in thermal contact with cold plate 132) of the thermoelectric heater (164) adding to available heat at the heated side (164 in thermal contact with coil plates 342 & 344 of heat exchanger 320) of the thermoelectric heater (164) generated via the supply of electrical energy.
Peters (para [0090-0095]) contemplates using waste heat to warm the cold section of a thermoelectric heater (heating device 1 in Fig 4A) and explains that the heat flow at the hot side may be improved via waste heat.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the arrangement of the heat exchanger, thermoelectric heater, attached or formed fins, and fans of Hatamian to utilize waste heat produced by heat-generating components, at taught by Peters, for the improved hot side heating of blood or dialysate which avoids the higher energy demands of the dialysis machine.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Hatamian in view of Moqrich (US Patent Application Publication No 20160113996), hereinafter Moqrich.
Regarding claim 16, Hatamian discloses recites that the medical fluid system (10) of Claim 1, but fails to disclose a resistive inline heater located fluidically in series with the thermoelectric heater (164).
Moqrich (Para [0154], Lines 16-18) discloses fluid temperature control arrangements in which a resistive inline heater is provided in series with another heating device, in this case a Peltier device, to both coo and heat fluid to achieve and maintain a precise setpoint temperature under varying operating conditions.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Hatamian’s thermoelectric heater by adding a resistive inline heater fluidically in series with the thermoelectric heater, so that the resistive heater can assist when the thermoelectric heater alone cannot rapidly achieve the desired treatment temperature.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Hatamian in view of Crocco (US Patent Application Publication No 20170211854), hereinafter Crocco.
Regarding claim 17, in the modified device of Hatamian, Hatamian discloses a medical fluid system (10), which includes a control unit (Para [0057] Lines 9-17), the thermoelectric heater (164) and the resistive inline heater under control of the control unit; However, Hatamian does not disclose the control unit configured to power the resistive inline heater as needed to aid the thermoelectric heater (164) in heating the medical fluid to a desired temperature.
Crocco discloses a controller (231 in Fig 5) for medical fluid heating systems having multiple heaters or heating stages, where a controller (231) operates the heaters in a coordinated fashion based on sensed fluid temperature (para [0042]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the thermoelectric heater and resistive inline heater of Hatamian with the controller of Crocco in order to be able to increase the rate of heating the fluid to a desired temperature or to increase a temperature to which the load can be heated.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Hatamian in view of Feddersen (US Patent Application Publication No 20180160568), hereinafter Feddersen.
Regarding claim 19, Hatamian discloses a medical fluid system (10), but fails to disclose a system which includes a humidity sensor positioned and arranged to measure humidity adjacent to the mounting plate (132 with 138), the control unit further configured to use an output from the humidity sensor to determine when to cause the polarity of power to the thermoelectric heater (164) to be reversed so as to prevent the mounting plate (132 with 138) from reaching a dew point temperature.
Feddersen discloses a control unit (control circuit 19) and humidity sensor (sensor 31) connected to a temperature sensor (temperature sensor 32). This is an “apparatus for removing moisture condensed on the condensation element from the interior into the surroundings of the switch cabinet, wherein the control apparatus is designed to temporarily reverse the polarity of the current supply of the Peltier element” (Abstract, para [0027]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the medical fluid system of Hatamian by adding a humidity sensor positioned adjacent to the cooled side mounting plate and to program the control unit to use the humidity sensor output together with the temperature to determine when the dew point is near and reverse polarity to prevent condensation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARIAH K WHITROCK whose telephone number is (571)272-3534. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm.
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/ZACHARIAH K WHITROCK/Patent Examiner, Art Unit 3783
/MICHAEL J TSAI/Supervisory Patent Examiner, Art Unit 3783