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 9 and 15 are objected to because of the following informalities:
Claim 9 recites “a fluid control system…including:”, then recites “a housing; a fluid control system including fluidic architecture”, and subsequently “operatively coupled to an electronic control system of the fluid control system”. Line 9 of claim 9 should read --a housing; fluidic architecture--, in order to avoid an indefiniteness rejection.
Claim 9 recites “an electronic control system of the fluid control system” in lines 13-14 and line 16. Line 16 should read –the electronic control system of the fluid control system--, in order to avoid an indefiniteness rejection.
Claim 15 recites “an electronic control system of the fluid control system” in lines 12-13 and lines 18-19. Lines 18-19 should read –the electronic control system of the fluid control system--, in order to avoid an indefiniteness rejection.
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 1-8 and 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.
As noted in the prior Office action, claim 1 recites “in response to a voltage applied thereto” in lines 11 and 17. It is unclear whether the “voltage” of claim 17 is intended to be the same or different than that of line 11.
The same issue appears in claim 15.
Claim 17 recites the limitation “the voltage” while parent claim 15 recites two instances of “a voltage”. It is unclear which voltage applicant intends to reference in claim 17.
The same issue appears in claim 18, reciting “the voltage”.
Response to Arguments
Applicant’s arguments, see page 9, filed 10 June 2026, with respect to the informality objections and rejections under 35 U.S.C. 112(b) have been fully considered and are persuasive in light of the amendments to the claims, except as noted above. The objections and rejections of 11 March 2026 have been withdrawn (except as noted above).
Allowable Subject Matter
Claims 9-14 would be allowable if rewritten or amended to overcome the informality objections set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
No prior art of record teach and/or fairly suggest the implantable fluid operated inflatable device of claim 9 comprising: a fluid control system coupled between a fluid reservoir and inflatable member and configured to control fluid flow between the fluid reservoir and inflatable member, the control system including: fluidic architecture defining fluid passageway(s) in the housing; and pump(s) and valve(s) positioned in the fluid passageway(s), the pump(s) and valve(s) including a piezoelectric actuator operatively coupled to an electronic control system, the piezoelectric actuator including: a piezoelectric element configured to deform in response to an applied voltage; a first place coupled to a first side of the piezoelectric element, the first plate having a convex contour relative to the first side of the piezoelectric element; a second plate coupled to a second side of the piezoelectric element, the second side is opposite the first, the second plate having a convex contour relative to the second side of the piezoelectric element; and a diaphragm coupled to the second plate, wherein the diaphragm is configured to deform in response to deformation of the piezoelectric element, within the context of all the remainder of claim 9.
The closest prior art of record, US 5759015 (Van Lintel), teaches a piezoelectric micropump comprising a piezoelectric actuator (abstract), but does not disclose the first plate, second plate, and diaphragm configuration as claimed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Carrie R Dorna whose telephone number is (571)270-7483. The examiner can normally be reached 8am-5pm.
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/CARRIE R DORNA/Primary Examiner, Art Unit 3791
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