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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on August 25, 2026 has been entered.
Status of Claims
This office action is responsive to the amendments filed on August 25, 2026.
Claims 1, 7-9, and 20 have been amended.
Claims 1-20 are pending in this application.
Response to Amendment
Applicant’s arguments filed August 25, 2026 have been fully considered but they are moot as to the new §103 rejections set forth below.
The previous rejection of claim 1 under 35 U.S.C 103 as being unpatentable over Hatamian in view of Hou is withdrawn.
A new ground of rejection is set forth below: Claims 1 and 20 stand rejected under 35 U.S.C. 103 as being unpatentable over Peters in view of Hou.
Because the thrust of the rejection of claims 1 and 20 has changed – Peters is now the primary reference, and the claim mapping is directed to the amended direct-contact / opposite-face / conduction-through-the-plate limitations, Applicants arguments against the prior Hatamian-primary rejection are moot. Those arguments will be considered to the extent they still apply to the new combination.
This action is non-final.
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 11-13 and 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.
Regarding claim 11, the claim recites the limitation "the at least one convectively cooled component.” In lines 2-3. There is insufficient antecedent basis for this limitation in the claim. Claim 10, from which claim 11 depends, introduces “at least one component” and “at least one heat fin,” but does not introduce a “convectively cooled component.” It is unclear whether this is the component of claim 10 or a different component. For purposes of applying prior art, the limitation is interpreted as the at least one component of claim 10.
Regarding claim 12, the claim recites that the semiconductors extend “between the heated side and a cooled side” in line 2. Claim 1 already recites “a heated side” and “a cooled side.” Reciting “a cooled side” in claim 12 makes it unclear whether this is the cooled side of claim 1 or a second cooled side. For purposes of applying prior art, “a cooled side” in claim 12 is interpreted as the cooled side of claim 1.
Regarding claim 13, the claim recites “the heated and cooled sides” in line 2. Claim 1 recites a single heated side and a single cooled side. The plural “sides” makes it unclear whether the claim requires a plurality of heated sides and a plurality of cooled sides, or only the heated side and the cooled side already recited. For purposes of applying prior art, the phrase is interpreted as the heated side and the cooled side of claim 1.
Regarding claim 20, the claim recites “locating a heat exchanger so that medical fluid flowing within the heat exchanger…” in line 5. The phrase “medical fluid” in that locating step lacks an article. It is unclear whether this is a new medical fluid or the medical fluid already recited in the preamble. For purposes of applying prior art, “medical fluid” in the locating step is interpreted as the medical fluid of the preamble. Clarification such as “the medical fluid” would resolve the indefiniteness under 35 U.S.C 112(b).
Claim Rejections - 35 USC § 103
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 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 1-2, 6-7, 10-11 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Peters (US Publication No. 2013/0136431), hereinafter, Peters, in view of Hou (US Patent No 5,983,997), hereinafter, Hou.
Regarding claim 1, Peters discloses a medical fluid system (arrangement 100 / treatment apparatus 300 in Fig. 1) comprising:
a medical fluid pump (conveying device 9 in Fig. 1) configured to pump a medical fluid (conveying device 9 for conveying dialysis liquid within interior of dialysis liquid line 7; para [0129]);
a thermoelectric heater (heating device 1 / Peltier heating element in Fig. 1; para [0041]) positioned and arranged to heat medical fluid pumped by the medical fluid pump, the thermoelectric heater including a heated side (warm section 1a in heat exchange relation with first area 5 in Fig. 1; para [0009]) and a cooled side (cold section 1b in Fig. 1);
a heat exchanger (first area 5 / dialysis liquid line 7 in Fig. 1; para [0146]) through which medical fluid pumped by the medical fluid pump is heated, the heat exchanger positioned and arranged so as to be in thermal communication with the heated side of the thermoelectric heater (first area 5 in thermal communication with warm section 1a in Fig. 1; para [0008-0009]); and
a mounting plate (heat sink 11 at cold section 1b in Fig. 1), the mounting plate positioned and arranged so as to be in thermal communication with the cooled side of the thermoelectric heater (heat sink 11 is on cold section 1b in Fig. 1).
Peters fails, however, to disclose that the medical fluid pump or electronic components of the medical fluid system are supported by the mounting plate and that medical fluid pump or electronic components are in direct contact with a first side of the mounting plate, wherein the cooled side of the thermoelectric heater is in direct contact with a second side of the mounting plate opposite the first side, and wherein heat generated by the medical fluid pump or electronic components is conducted through the mounting plate to the cooled side so as to add to available heat at the heated side for heating the medical fluid.
Hou teaches a cold plate (plate 10 / base plate 11 in fig. 2) having electrical components (heat-generating electronic components 100 in fig. 2) supported by and in direct contact with on one face of the plate and cooling interface on the opposite face (electronic components 100 are directly mounted on bosses 24a-24g on one face of the plate while the cooling medium (fluid channels 20 and fins structures 26) is in thermal communication with the opposite face of the same plate in figs. 2-4; col. 4, lines 9-26).
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 / heat sink of Peters by mounting the medical fluid pump or electronic components directly on the side of the mounting plate opposite the thermoelectric heater, as taught by Hou, so that heat is conducted through the plate into the cold side and adds to the heat available at the heated side.
Regarding claim 2, modified Peters discloses the medical fluid system of claim 1, wherein the heat exchanger (first area 5 / dialysis liquid line 7 in Fig. 1; para [0146]) being in thermal communication with the heated side (warm section 1a in heat exchange relation with first area 5 in Fig. 1; para [0009]) of the thermoelectric heater (heating device 1 / Peltier heating element in Fig. 1; para [0041]) includes directly contacting the heated side (first area 5 in heat exchange relation with, and against, warm section 1a in Fig. 1; para [0008-0009]).
Regarding claim 6, modified Peters discloses the medical fluid system of Claim 1, wherein the mounting plate (heat sink 11), being in thermal communication with the cooled side (cold section 1b) of the thermoelectric heater (heating device 1) includes being in direct contact with the cooled side (heat sink 11 on cold section 1b in Fig. 1; combination of Hou seats Hou’s plate as heat sink 11 against cold section 1b).
Regarding claim 7, modified Peters discloses the medical fluid system of Claim 1, a medical fluid pump or electronic components (Hou: heat-generating components 100) of the medical fluid system (arrangement 100 / treatment apparatus 300 in Fig. 1) being supported by the mounting plate (heat sink 11) which includes the medical fluid pump or electronic components of the medical fluid system being mounted to the mounting plate (electronics 15 mounted to heat sink 11 via Hou’s bosses 24).
Regarding claim 10, modified Peters discloses the medical fluid system of claim 1 including a mounting plate (heat sink 11 in Fig. 1).
Modified Peters fails, however, to disclose that the mounting plate 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 to the mounting plate, 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.
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 modified Peters 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.
Regarding claim 11, modified Peters discloses the medical fluid system of claim 10, which includes at least one fan (fan 17 in Fig. 1) positioned and arranged to blow air between the at least one heat fin and the at least one convectively cooled component of the medical fluid system (fan 17 or fan 400 arranged to move air at the finned plate 11 so as to blow air between the fins and nearby components 15; para [0134], [0175]).
Regarding claim 20, modified Peters discloses a method for heating a medical fluid comprising:
supplying electrical energy to a thermoelectric heater (heating device 1 / Peltier heating element in Fig. 1; para [0041]) so as to create a heated side of the thermoelectric heater (warm section 1a in heat exchange relation with first area 5 in Fig. 1; para [0009]) and a cooled side (cold section 1b in Fig. 1), the thermoelectric heater provided as part of a medical fluid machine (treatment apparatus 300 / arrangement 100);
locating a heat exchanger (first area 5 / dialysis liquid line 7 in Fig. 1; para [0146]) so that medical fluid flowing within the heat exchanger receives heat from the heated side of the thermoelectric heater (first area 5 in thermal communication with warm section 1a in Fig. 1; para [0008-0009]); and
locating at least one electronic component (electronics 15 in Fig. 1) or medical fluid pump so that heat given off by the at least one electronic component or medical fluid pump is received by the cooled side of the thermoelectric heater, the heat received by the cooled side of the thermoelectric heater adding to available heat at the heated side of the thermoelectric heater generated via the supply of electrical energy (Peters contemplates using waste heat from electronics 15 to warm the cold section of thermoelectric heating device 1 to improve the heat flow at the hot side; para [0090-0095]).
Modified Peters fails to disclose that the electronic components or medical fluid pump of the medical fluid machine are in direct contact with a mounting plate that is in direct contact with the cooled side of the thermoelectric heater on a side of the mounting plate opposite the at least one electronic component.
Hou teaches a cold plate (plate 10 / base plate 11 in fig. 2) having electrical components (heat-generating electronic components 100 in fig. 2) on one face of the plate and cooling interface on the opposite face (electronic components 100 are directly mounted on bosses 24a-24g on one face of the plate while the cooling medium (fluid channels 20 and fins structures 26) is in thermal communication with the opposite face of the same plate in figs. 2-4; col. 4, lines 9-26).
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 / heat sink of Peters by mounting the electronic components directly on the side of the mounting plate opposite the thermoelectric heater, as taught by Hou, so that heat is conducted through the plate into the cold side and adds to the heat available at the heated side.
Claims 3, 8 and 12-15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Peters in view of Hou, as applied to claim 1 above, and further in view of Hatamian (US Publication No. 2006/0173396), hereinafter Hatamian.
Regarding claim 3, modified Peters discloses the medical fluid system of claim 1, including the heat exchanger (first area 5 / dialysis liquid line 7 in Fig. 1; para [0146]).
Modified Peters fails, however, to disclose that the heat exchanger includes a conductive heat exchanger block and a conductive serpentine pathway supported by the conductive heat exchanger block.
Hatamian teaches that the heat exchanger (fluid assembly housing 320 in Fig. 17-19, 22) that 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 (top and bottom coil plates 342 & 344 as seen in Figs 18-21).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify the heat exchanger of Peters to warm section 1a using a conductive block and serpentine pathway in order to increase contact area with the heated side and improve heating of the medical fluid.
Regarding claim 8, modified Peters discloses the medical fluid system of Claim 1, wherein the other electronic 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 (in the modified device of Peters, Hatamian discloses adjusting flow rate and volume, as well as temperature using temperature leads 422; para [0092]), and electronics associated with the other electronic components (Hou: heat-generating components 100).
Regarding claim 12, modified Peters discloses the medical fluid system of Claim 1 comprising a thermoelectric heater (heating device 1 / Peltier heating element in Fig. 1; para [0041]) between the heated side (warm section 1a in heat exchange relation with first area 5 in Fig. 1; para [0009]) and a cooled side (cold section 1b in Fig. 1).
Modified Peters fails, however, to explicitly disclose that the thermoelectric heater includes a plurality of semiconductors extending between the heated side and a cooled side.
Hatamian teaches that the thermoelectric heater, or Peltier device, includes a plurality of semiconductors (system 210 comprises a P-type semiconductor 232 and an N-type semi-conductor 234 in Fig. 16) extending between the heated side and a cooled side.
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to construct the heating device of Peters with P-type and N-type semiconductors extending between the heated and cooled sides, as taught by Hatamian, in order to adhere to the conventional internal structure of a Peltier module and yield the predictable result of pumping heat from the cold side to the heated side when current is applied.
Regarding claim 13, modified Peters discloses the medical fluid system of Claim 12, which includes a plurality of conductive leads (Hatamian: electrical conductors 226a-c in Fig. 16) located between the plurality of semiconductors (Hatamian: system 210 comprises a P-type semiconductor 232 and an N-type semi-conductor 234 in Fig. 16) and the heated and cooled sides (warm section 1a in heat exchange relation with first area 5 and cold section 1b in Fig. 1; para [0009]).
Regarding claim 14, modified Peters discloses the medical fluid system of Claim 13, wherein the plurality of conductive leads (Hatamian: electrical conductors 226a-c in Fig. 16) are positioned and arranged such that the plurality of semiconductors (Hatamian: system 210 comprises a P-type semiconductor 232 and an N-type semi-conductor 234 in Fig. 16) operate electrically in series (Hatamian: Fig. 16 shows the conductive leads arranged in series with direct current source 238).
Regarding claim 15, modified Peters discloses the medical fluid system of Claim 12, wherein the plurality of semiconductors (Hatamian: system 210 comprises a P-type semiconductor 232 and an N-type semi-conductor 234 in Fig. 16) operate thermally in parallel. (Fig. 16 indicates parallel direction of thermal conductivity via arrows inside of semiconductors).
Regarding claim 18, modified Peters discloses the medical fluid system of Claim 1, which includes a control unit (Hatamian: para [0057] Lines 9-17), the control unit configured to cause the polarity of power to the thermoelectric heater (heating device 1 / Peltier heating element in Fig. 1; para [0041]) to be reversed (Hatamian: para [0057] Lines 9-17) such that the heated side (first area 5 in heat exchange relation with, and against, warm section 1a in Fig. 1; para [0008-0009]) becomes a cooled side (cold section 1b in Fig. 1) of the thermoelectric heater, wherein the heat exchanger (first area 5 / dialysis liquid line 7 in Fig. 1; para [0146]) is then positioned and arranged so as to be in thermal communication with the cooled side (after polarity is reversed, first area 5 / dialysis liquid line 7 is in thermal communication with the side of heater 1 that is then cold).
Claims 4 is rejected under 35 U.S.C. 103 as being unpatentable over Peters in view of Hou and Hatamian, as applied to claims 1 and 3 above, and further in view of Cleland (US Patent No 5564602), hereinafter, Cleland.
Regarding claim 4, modified Peters discloses the medical fluid system of claim 3, including the conductive heat exchanger block (fluid assembly housing 320 with top and bottom coil plates 342 & 344 as seen in Figs 18-21 in Fig. 17-19, 22) and a conductive serpentine pathway (coil channels 350 & 351 in coil housing chamber 328 as seen in Figs 18-21).
Modified Peters fails, however, to disclose that the conductive heat exchanger block is made of aluminum or copper and 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 Peters 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 Peters in view of Hou and Hatamian, as applied to claims 1 and 3 above, and further in view of Fehlau (EP No 0003822), hereinafter, Fehlau.
Regarding claim 5, modified Peters discloses the medical fluid system of claim 3 including a conductive heat exchanger block (Hatamian: fluid assembly housing 320 with top and bottom coil plates 342 & 344 as seen in Figs 18-21 in Fig. 17-19, 22).
Modified Peters fails, however, to disclose a temperature sensor located on or inside the conductive heat exchanger block.
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 modified Peters 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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Peters in view of Hou, as applied to claim 1 above, and further in view of Lipp (US Patent Application Publication No 20090159241), hereinafter Lipp.
Regarding claim 9, modified Peters discloses that the medical fluid system of claim 1, which includes the medical fluid pump (conveying device 9 in Fig. 1) or at least one of the electronic components (electronics 15 in Fig. 1) of the medical fluid system and the mounting plate (heat sink 11 in Fig. 1).
Modified Peters fails, however, to disclose at least one heat pipe extending from the medical fluid pump or at least one of the electronic components of the medical fluid system to the mounting plate for conducting heat to the mounting plate.
Lipp teaches thermal management structures for electronic devices in which discrete heat pipes (first manifold pipe 106 and second manifold pipe 108; para [0046] and Claim 14) 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 Peters to include a heat pipe extending from the medical fluid pump or other heat-generating components to be in thermal communication with the mounting 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 cooled side.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Peters in view of Hou, as applied to claim 1 above, and further in view of Moqrich (US Patent Application Publication No 20160113996), hereinafter Moqrich.
Regarding claim 16, modified Peters discloses the medical fluid system of Claim 1, but fails to disclose a resistive inline heater located fluidically in series with the thermoelectric heater.
Moqrich teaches a resistive inline heater located fluidically in series with the thermoelectric heater (Peltier device mounted in series with resistive heater; para [0154]).
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 of modified Peters 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 Peters in view of Hou and Moqrich, as applied to claims 1 and 16 above, and further in view of Crocco (US Patent Application Publication No 20170211854), hereinafter, Crocco.
Regarding claim 17, modified Peters discloses the medical fluid system of claim 16 including a thermoelectric heater (heating device 1 / Peltier heating element in Fig. 1; para [0041]) and the resistive inline heater (Moqrich: Peltier device mounted in series with resistive heater; para [0154]).
Modified Peters fails, however, to explicitly disclose that the thermoelectric heater and resistive inline heater are under control of the control unit, the control unit configured to power the resistive inline heater as needed to aid the thermoelectric heater in heating the medical fluid to a desired temperature.
Crocco teaches a controller (controller 231 in Fig. 5) for medical fluid heating systems having multiple heaters or heating stages, where the controller 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 modified Peters 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 Peters in view of Hou and Hatamian, as applied to claims 1 and 18 above, and further in view of Feddersen (US Publication No. 2018/0160568), hereinafter Feddersen.
Regarding claim 19, modified Peters discloses the medical fluid system of Claim 18, but fails to disclose that the system includes a humidity sensor positioned and arranged to measure humidity adjacent to the mounting plate, 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 to be reversed so as to prevent the mounting plate 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 modified Peters 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
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/ZACHARIAH K WHITROCK/Patent Examiner, Art Unit 3783
/WESLEY G HARRIS/Examiner, Art Unit 3783
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