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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1 and 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2023/0390482 (“Erlen”) in view of U.S. Publication No. 2013/0336814 (“Kamen”) and U.S. Publication No. 2009/0161313 (“Cheng”).
Regarding Claim 1, Erlen discloses a medical pump (see generally 2 – i.e. the “hose pump” configuration – Par. 3, 7, 29), comprising:
A heatsink (12) to dissipate heat from heat generating component(s), the heatsink comprising a first part (i.e. the external extension, see Fig. 1) and a second part (i.e. the internal extension, see Fig. 2 – see generally “heat-conducting profile 14”); and
A housing (4), the housing containing the various components of the device, wherein the first part of the heatsink extends through a surface of the housing (see Fig. 1 and 2) with the second part being in thermal contact with the heat generating component(s).
Erlen is largely silent as to the internal components of the “hose pump” configuration of the device other than generic discussion that the system comprises “a hose filled with the fluid to be administered…moved by a drive, for example via a peristaltic system, in order to convey the fluid out of the hose” (Par. 3). However, such systems are notoriously well-known in the art. For example, Kamen describes a peristaltic pump system which comprises:
A plunger transitionable between a first position and second position, wherein when a tube loaded within the pump and the plunger in is in the second position, the plunger applies a force against the tube; a cam shaft configured to actuate the plunger to transition the plunger from the first position to the second position;
a motor coupled to the cam shaft; and a heatsink to dissipate heat from the motor (Par. 177, 178, 793). It would have been obvious for one having ordinary skill in the art at the time the invention was made to configure the “hose pump” of the device of Erlen to comprise a standard and typical arrangement of components including a plunger, cam shaft, and motor inside the housing with the motor being in communication with the heat sink, as disclosed by Kamen, in order to construct a standard, well-known, and functional type of “hose pump” to obtain predictable and expected outcomes via the obvious selection of a specific species within a broadly indicated genus.
Erlen, as modified, discloses the invention substantially as claimed except that the first and second parts of the heatsink are movable relative to one another along a longitudinally extending axis such that the first and second parts define an overall length that is adjustable. However, Cheng discloses a related heat sink (3) for the heat generating components (11) of a device, the components being located inside a housing (31). Cheng discloses that the heat sink may be constructed as a first, external component (13, 15 – see Fig. 3) provided external to the housing and a second, internal component (14, 18 – see Fig. 3) provided internal to the housing, wherein the first and second parts of the heatsink are movable relative to one another along a longitudinally extending axis such that the first and second parts define an overall length that is adjustable (see Fig. 3 – Abstract; Par. 28) wherein the adjustability allows the heat dissipating efficiency to be enhanced (Par. 6, 7, 10, 11, 20, 28) and the first part and the second part are configured to slide relative to one another and to remain frictionally engaged with one another (Par. 23 and 24).
Specifically, the instant phrase is contextualized in the specification (see Par. 645) as “1391a and 1393a frictionally interact with one another such that the two are thermally connected to one another”. Looking at Cheng it is recited that “a second end of the first heat conducting element 15 contacts with the second heat dissipating element 14” (Par. 23) such that “heat can be transmitted to the first dissipating element 13 through the second heat dissipating element 14 and the first heat conducting element 15 in sequence” (Par. 24). As such, it is clear that the cylindrical element (15) is received within the corresponding circular opening of (14) in a “thermally connected” manner, whereby because of this contacting, surface-to-surface engagement there will necessarily be friction created by the two surfaces, whereby the coefficient of static friction inherent to the system will be understood to satisfy the metes and bounds of the phrase as used in the claims without any additional quantifications.
It would have been obvious for one having ordinary skill in the art at the time the invention was made to construct the heat sink of Erlen to permit longitudinal adjustment between the relative position of the first and second parts of the heat sink, as disclosed by Cheng, in order to allow for adjustment to the heat sink based on specific environmental needs of the device in the operating theater and helping to convey additional heat to the exterior of the device in an efficient and compact manner.
Regarding Claim 12, Erlen discloses wherein the heatsink is disposed on a back of the pump (Par. 23; see Fig. 1, 2).
Regarding Claim 13, Erlen discloses the heatsink is positioned to dissipate heat into a surrounding ambient air (see Fig. 1 and 2).
Regarding Claim 14, Erlen, as modified in view of Cheng, discloses a heat pipe (see 15 – Cheng) coupled to the heatsink to dissipate heat therebetween.
Claim(s) 3-11, 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2023/0390482 (“Erlen”) in view of U.S. Publication No. 2013/0336814 (“Kamen”) and U.S. Publication No. 2009/0161313 (“Cheng”) as applied above, and further in view of U.S. Publication No. 2014/0063829 (“Kushalappa”).
Regarding Claim 3-11, 15, Erlen, as modified, discloses the invention substantially as claimed except that that the heatsink further comprises a thermally conductive braided wire having a first end and a second end, the first end being coupled to the motor to dissipate heat from the motor. However, Kushalappa discloses a related heat sink (18) comprising a first part (50) connected to a heat source (e.g. LED module 12) via a conductive member (20) thereby permitting the heat generated at heat source to be remotely conveyed to the first part for heat dissipation, wherein the conductive member may comprise various configurations including a thermally conductive braided, metal wire (Par. 67) formed of a metal such as aluminum or copper (Par. 51) or thermally conductive non-metal (e.g. plastic) having a first end coupled to the heat generating component via a clip (e.g. the “keyhole/slot connection”) or soldering (Par. 50) and a second end coupled to the first part (Par. 67) via a clip (e.g. the “keyhole/slot connection”) or soldering (Par. 50). It would have been obvious for one having ordinary skill in the art at the time the invention was made to utilize a braided wire to interconnect the first part with the motor of the invention of modified Erlen, as disclosed by Kushalappa, in order to provide a known, useful, and efficient design to assist in the conducting of heat away from the motor and to the externally located first part for dissipation to reduce heat damage and wear to the internal components of the pump housing.
Regarding Claim 16, Erlen, as modified by Cheng, discloses a powerbar heat dissipater (14 – Cheng), wherein, as modified by Kushalappa the first end of thermally-conductive, braided wire is thermally coupled to the heatsink and the second end of the thermally-conductive, braided wire is thermally coupled to the powerbar heat dissipater (see Fig. 1, Kushalappa; see also Fig. 1B of Cheng).
Regarding Claims 17 and 18, Erlen, as modified by Cheng, discloses a heat pipe (15 – Cheng) coupled to the powerbar heat dissipater. Erlen, in view of Cheng and Kushalappa, discloses the invention substantially as claimed except that that the thermally-conductive, braided wire is connected to the heat pipe as well. However, it would have been obvious for one having ordinary skill in the art at the time the invention was made to connect/bond the heat pipe of modified Erlen to the braided wire of Kushalappa, in order to assist the function of the heat pipe in transferring heat away from the heat generating components such as the motor, whereby it would be understood that by increasing the area of contact between the various heat transferring and generating components to the remote heat sink will assist in heat transfer.
Response to Arguments
Applicant's arguments filed 10 April 2026 have been fully considered but they are not persuasive.
Applicant argues (Pg. 8) that Cheng “utilizes a separate heat-conducting element between two heat-dissipating elements”. However, this is not persuasive. As characterized by the Office Action and consistent with the disclosure of Cheng the heat sink (see Fig. 1A) is formed of two parts – including a first, external component (13, 15) wherein the “heat conducting element 15” is provided as an integrate part of the “heat dissipating element 13” such that the two components operate as a singular entity (see Fig. 2) and slide, together, away from the second, internal component (14). The claims do not preclude such an integrated arrangement and in fact the instant specification is supportive of the fact that the claimed “first and second parts” may be collectively formed of multiple components integrated together (See e.g. 1361A, 1361B – Fig. 221A, 221B). Again, in Cheng the “heat conducting element 15” of Cheng is certainly part of the heatsink arrangement (the components serving the thermally conduct and transfer heat between two points) with these conducting elements being clearly associated with the first, external part of the heatsink arrangement (see Fig. 1A) in a manner clearly consistent with Applicant’s disclosure.
Applicant argues (Pg. 8) “The first and second heatsink parts are configured to slide relative to one another while remaining frictionally engaged and defining an adjustable overall length across the housing boundary”. As discussed above, Cheng clearly discloses such an arrangement (see Fig. 3; Par. 28, 29). To achieve such an adjustable arrangement Cheng discloses that the first part may include a section (15) formed of two heat conducting, cylindrical elements which are received (see Fig. 1A, 2) within corresponding openings of second, internal component (14). These cylindrical components slide within these openings in thermal contact with one another (Par. 23, 24).
Specifically, the instant phrase is contextualized in the specification (see Par. 645) as “1391a and 1393a frictionally interact with one another such that the two are thermally connected to one another”. Looking at Cheng it is recited that “a second end of the first heat conducting element 15 contacts with the second heat dissipating element 14” (Par. 23) such that “heat can be transmitted to the first dissipating element 13 through the second heat dissipating element 14 and the first heat conducting element 15 in sequence” (Par. 24). As such, it is clear that the cylindrical element (15) is received within the corresponding circular opening of (14) in a “thermally connected” manner, whereby because of this contacting, surface-to-surface engagement there will necessarily be friction created by the two surfaces, whereby the coefficient of static friction inherent to the system will be understood to satisfy the metes and bounds of the phrase as used in the claims without any additional quantifications.
Conclusion
THIS ACTION IS MADE FINAL. 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 WILLIAM R CARPENTER whose telephone number is (571)270-3637. The examiner can normally be reached Mon. to Thus. - 7:00AM to 5:00PM (EST/EDT).
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/WILLIAM R CARPENTER/Primary Examiner, Art Unit 3783 06/04/2026
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