3DETAILED ACTION
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.
Claim(s) 1, 5-8, and 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Tsoukalis (U.S. Pat. No. 5,980,490) in view of Tsoukalis ‘270 (EP0560270B1), Carlson (U.S. Pat. Pub. No. 2008/0020851 A1), and Lioa (CN105233363A).
Regarding claim 1, Tsoukalis discloses an infusion pump that provides fluid from a fluid container (fluid reservoir 4) to a patient via a tube (flexible tube 16) (see Fig. 1-10 and Col. 3, ln 12 – Col. 4, ln 41), comprising: a peristaltic pump (linear peristaltic pump 1) comprising respective pump sliders (cam followers 11a-11g) that are raised and lowered to engage the tube to force fluid through the tube (see Fig. 3-9, Col. 3, ln 22 – Col. 4, ln 14, Col. 4, ln 61-67, and Col. 5, ln 1 - 56), a cam shaft (cam shaft 9) supporting respective cams (30a-30g) adapted to engage with the respective pump sliders to raise and lower the respective pump sliders as the cam shaft rotates (see Fig. 2-3, Col. 3, ln 22 – Col. 4, ln 14, Col. 4, ln 61-67, and Col. 5, ln 1 - 56), and a pump motor (motor 6) that turns the cam shaft (see Fig. 2-3 and Col. 3, ln 23-33); and a controller (“electronics for controlling the operation of the peristaltic pump” – see Fig. 10, Col. 3 ln 27-32, and Col. 6, ln 15-41) that receives magnetic orientation data from the cam shaft encoder magnet assembly, processes the received magnetic orientation data to calculate a speed and angular position of the cam shaft, and controls the pump motor driving the cam shaft in response to the calculated speed and angular position of the cam shaft to raise and lower the respective pump sliders (see Fig. 10, Col. 3 ln 27-32, and Col. 6, ln 15-41). While Tsoukalis fails to specifically teach that such control is undertaken in accordance with a pump parameter setting, Tsoukalis teaches a process of motor speed control based upon detected shaft speed/position that is typical within the art (see Col. 3 ln 27-32 and Col. 6, ln 15-41), wherein it is well understood that the pump motor is driven in response to the calculated speed and angular position of the cam shaft in accordance with a target shaft speed or volumetric flow rate parameter (see, for example, Lioa, English Translation, pg. 2, ln 4-28 and pg. 4, ln 22 – pg. 5, ln 15). Thus, it would have been obvious to one of ordinary skill in the art prior to the filing date of the claimed invention to implement the infusion pump of Tsoukalis as performing its speed control process in accordance with a pump parameter setting such as a target shaft speed or volumetric flow rate.
Further, while Tsoukalis teaches a cam shaft encoder (rotational position encoder 7) comprising a sensor (sensor 7) for detecting the speed and angular position of the cam shaft (Col. 3, ln 27-33), Tsoukalis fails to teach specify how the sensor/encoder achieves such a measurement (such as optically, magnetically, etc.), and thus Tsoukalis fails to teach a cam shaft encoder magnet assembly attached to the cam shaft, the cam shaft encoder magnet assembly comprising a diametrically polarized magnet, the cam shaft encoder magnet assembly configured to sense a magnetic orientation of the diametrically polarized magnet as the cam shaft rotates.
Such magnetic encoders, however, are well known within the art. Carlson exhibits a magnetic encoder apparatus (or encoder magnet assembly) for measuring the speed/position of a rotating shaft (25), wherein the encoder magnet assembly is attached to the shaft (see Fig. 1-2 and [0014-0017]), the encoder magnet assembly comprising a diametrically polarized magnet (22), and wherein the encoder magnet assembly is configured to sense a magnetic orientation of the diametrically polarized magnet as the shaft rotates (via hall effect sensors on sensor chip 23 – see Fig. 1-2 and [0017]). Tsoukalis ‘270 teaches that such a magnetic cam shaft encoder may be suitably used for detecting the speed and angular position of the cam shaft of an infusion pump similar to that of Tsoukalis (see Fig. 3 and Col. 5, ln 13-24) in the same manner as that of Tsoukalis. Based on these references, it is clear that a magnetic encoder configuration of the type claimed represents one known type of suitable means within the art for embodying an encoder, such as the cam shaft encoder of Tsoukalis. Since Tsoukalis fails to specify the type of encoder used (a necessary detail to implement the invention in practice), and since an encoder magnet assembly attached to a shaft, the encoder magnet assembly comprising a diametrically polarized magnet, and the encoder magnet assembly configured to sense a magnetic orientation of the diametrically polarized magnet as the shaft rotates is known to be a suitable configuration for a cam shaft encoder assembly as required by Tsoukalis, as shown by Tsoukalis ‘270 and Carlson, it would have been obvious to one of ordinary skill in the art prior to the filing date of the claimed invention to implement the cam shaft encoder assembly of Tsoukalis as a cam shaft encoder magnet assembly in this manner.
Regarding claim 5, Carlson further teaches that such a cam shaft encoder magnet assembly may comprise an encoder printed circuit board (printed circuit board 20) that detects the magnetic orientation of the diametrically polarized magnet (via sensor chip 23 – see Fig. 1-2, [0004], [0015], and [0017-0023]). Because Tsoukalis is modified, as described above, to include a cam shaft encoder magnet assembly, which necessarily must include a means to detect the magnetic orientation of the diametrically polarized magnet, it follows that, in line with the prior modification, the cam shaft encoder magnet assembly of the proposed combination may further comprise an encoder printed circuit board that detects the magnetic orientation of the diametrically polarized magnet, as taught by Carlson.
Regarding claim 6, Carlson further teaches that the encoder printed circuit board may provide the magnetic orientation data as an output signal ([0004]), and Tsoukalis ‘270 further teaches that such a magnetic cam shaft encoder may output magnetic orientation data as an output signal to the infusion pump controller (Col. 5, ln 18-24). Because Tsoukalis is modified, as described above, to include a cam shaft encoder magnet assembly which necessarily must include a means to detect the magnetic orientation of the diametrically polarized magnet, it follows that, in line with the prior modification, the cam shaft encoder magnet assembly of the proposed combination may further comprise that the encoder printed circuit board may provide the magnetic orientation data to the controller, as taught by Carlson and Tsoukalis ‘270.
Regarding claim 7, Tsoukalis discloses a method of pumping a fluid through an infusion pump (linear peristaltic pump 1), comprising: rotating a cam shaft (cam shaft 9), the cam shaft supporting respective cams (cams 30a-30g) adapted to engage with respective pump sliders (cam followers 11a-11g) to raise and lower the respective pump sliders as the cam shaft rotates (see Fig. 2-3, Col. 3, ln 22 – Col. 4, ln 14, Col. 4, ln 61-67, and Col. 5, ln 1 - 56); the pump sliders engaging with a tube (flexible tube 16) adapted to provide fluid from a fluid container (fluid reservoir) to a patient as the respective pump sliders are raised and lowered to force fluid through the tube (see Fig. 3-9, Col. 3, ln 22 – Col. 4, ln 14, Col. 4, ln 61-67, and Col. 5, ln 1 - 56); sensing, using a cam shaft encoder assembly (rotational position encoder 7) attached to the cam shaft, an orientation of the cam shaft as the cam shaft rotates (Col. 3, ln 27-33); processing sensed orientation data to calculate a speed and angular position of the cam shaft (see Fig. 10, Col. 3 ln 27-32, and Col. 6, ln 15-41); and adjusting rotation of the cam shaft (motor speed control) to adjust the speed and angular position of the cam shaft to raise and lower the respective pump sliders (see Fig. 10, Col. 3 ln 27-32, and Col. 6, ln 15-41). While Tsoukalis fails to specifically teach that the above method is undertaken in accordance with a pump parameter setting, Tsoukalis teaches a process of motor speed control based upon detected shaft speed/position that is typical within the art (see Col. 3 ln 27-32 and Col. 6, ln 15-41), wherein it is well understood that the pump motor is driven in response to the calculated speed and angular position of the cam shaft in accordance with a target shaft speed or volumetric flow rate parameter (see, for example, Lioa, English Translation, pg. 2, ln 4-28 and pg. 4, ln 22 – pg. 5, ln 15). Thus, it would have been obvious to one of ordinary skill in the art prior to the filing date of the claimed invention to implement the infusion pump of Tsoukalis as performing its speed control process in accordance with a pump parameter setting such as a target shaft speed or volumetric flow rate.
Further, while Tsoukalis teaches a cam shaft encoder (rotational position encoder 7) comprising a sensor (sensor 7) for detecting the speed and angular position of the cam shaft (Col. 3, ln 27-33), Tsoukalis fails to teach specify how the sensor/encoder achieves such a measurement (such as optically, magnetically, etc.), and thus Tsoukalis fails to teach a cam shaft encoder magnet assembly attached to the cam shaft, enabling the sensing of a magnetic orientation of the cam shaft and processing of said sensed magnetic orientation, as claimed. Such magnetic encoders, however, are well known within the art. Carlson exhibits a magnetic encoder apparatus (or encoder magnet assembly) for measuring the speed/position of a rotating shaft (25), wherein the encoder magnet assembly is attached to the shaft (see Fig. 1-2 and [0014-0017]), the encoder magnet assembly comprising a diametrically polarized magnet (22), and wherein the encoder magnet assembly is configured to sense a magnetic orientation of the diametrically polarized magnet as the shaft rotates (via hall effect sensors on sensor chip 23 – see Fig. 1-2 and [0017]). Tsoukalis ‘270 teaches that such a magnetic cam shaft encoder may be suitably used for detecting the speed and angular position of the cam shaft of an infusion pump similar to that of Tsoukalis (see Fig. 3 and Col. 5, ln 13-24) in the same manner as that of Tsoukalis. Based on these references, it is clear that a magnetic encoder configuration of the type claimed represents one known type of suitable means within the art for embodying an encoder, such as the cam shaft encoder of Tsoukalis. Since Tsoukalis fails to specify the type of encoder used (a necessary detail to implement the invention in practice), and since an encoder magnet assembly attached to a shaft, the encoder magnet assembly comprising a diametrically polarized magnet, and the encoder magnet assembly configured to sense a magnetic orientation of the diametrically polarized magnet as the shaft rotates is known to be a suitable configuration for a cam shaft encoder assembly as required by Tsoukalis, as shown by Tsoukalis ‘270 and Carlson, it would have been obvious to one of ordinary skill in the art prior to the filing date of the claimed invention to implement the cam shaft encoder assembly of Tsoukalis as a cam shaft encoder magnet assembly in this manner, and to thereby modify the method of Tsoukalis to include sensing, using a cam shaft encoder magnet assembly attached to the cam shaft, a magnetic orientation of the cam shaft as the cam shaft rotates and processing sensed magnetic orientation data to calculate a speed and angular position of the cam shaft, in the manner exemplified by Tsoukalis ‘270 (Col. 5, ln 13-24) and Carlson ([0017-0023]), and thus in the manner claimed.
Regarding claim 8, the proposed combination of Tsoukalis as modified by Tsoukalis ‘270, Carlson, and Lioa according to claim 7 further exhibits that sensing the magnetic orientation of the cam shaft as the cam shaft rotates comprises sensing the magnetic orientation of a diametrically polarized magnet attached to the cam shaft, since such an encoder magnet assembly comprising a diametrically polarized magnet is incorporated into the pump of Tsoukalis in the above modification (see in re claim 7), since the encoder magnet assembly is configured to sense a magnetic orientation of the diametrically polarized magnet as the shaft rotates (see in re claim 7), and since the method of Tsoukalis is modified accordingly to include sensing the magnetic orientation of the cam shaft via these features (see in re claim 7).
Regarding claim 12, Carlson further teaches that sensing the magnetic orientation of the cam shaft may comprises detecting, using an encoder printed circuit board (printed circuit board 20, comprising sensor chip 23), the magnetic orientation of the diametrically polarized magnet (see Fig. 1-2, [0004], [0015], and [0017-0023]). Because Tsoukalis is modified, as described above, to include a cam shaft encoder magnet assembly which necessarily must include a means to detect the magnetic orientation of the diametrically polarized magnet, it follows that, in line with the prior modification, Tsoukalis may be further modified to comprise that sensing the magnetic orientation of the cam shaft may comprises detecting, using an encoder printed circuit board, the magnetic orientation of the diametrically polarized magnet, as taught by Carlson.
Regarding claim 13, Carlson teaches that the encoder printed circuit board may provide the magnetic orientation data measured by the encoder as an output signal ([0004]), and Tsoukalis ‘270 further teaches that such a magnetic cam shaft encoder may output magnetic orientation data as an output signal to the infusion pump controller (Col. 5, ln 18-24). Because Tsoukalis is modified, as described above, to include a cam shaft encoder magnet assembly which necessarily must include a means to detect the magnetic orientation of the diametrically polarized magnet, it follows that, in line with the prior modification, Tsoukalis may be further modified to comprise providing the magnetic orientation data measured by the encoder to the controller, which is modified as described above to control rotation of the cam shaft in accordance with a pump parameter setting (see in re claim 7).
Regarding claim 14, Tsoukalis discloses a controller (“electronics for controlling the operation of the peristaltic pump”, which may include a microprocessor – see Fig. 10, Col. 3 ln 27-32, and Col. 6, ln 15-41) of an infusion pump configured to cause the infusion pump to perform operations comprising: rotating a cam shaft, the cam shaft supporting respective cams adapted to engage with respective pump sliders to raise and lower the respective pump sliders as the cam shaft rotates (see in re claim 7), the pump sliders engaging with a tube adapted to provide fluid from a fluid container to a patient as the respective pump sliders are raised and lowered to force fluid through the tube (see in re claim 7); receiving, from a cam shaft encoder assembly (rotational position encoder 7) attached to the cam shaft, an orientation of the cam shaft as the cam shaft rotates (Col. 3, ln 27-33); processing sensed orientation data to calculate a speed and angular position of the cam shaft (see in re claim 7); and adjusting rotation of the cam shaft to adjust a speed and angular position of the cam shaft to raise and lower the respective pump sliders (see in re claim 7). While Tsoukalis does not explicitly teach a non-transitory controller-readable storage medium storing controller-executable instructions that, when executed by the controller/microprocessor, cause the infusion pump to perform the above described operations, such is an inherent and well known component of an infusion pump of the type disclosed by Tsoukalis which is controller-driven. Additionally, while Tsoukalis fails to specifically teach that the above operation is undertaken in accordance with a pump parameter setting, Tsoukalis teaches a process of motor speed control based upon detected shaft speed/position that is typical within the art (see Col. 3 ln 27-32 and Col. 6, ln 15-41), wherein it is well understood that the pump motor is driven in response to the calculated speed and angular position of the cam shaft in accordance with a target shaft speed or volumetric flow rate parameter (see, for example, Lioa, English Translation, pg. 2, ln 4-28 and pg. 4, ln 22 – pg. 5, ln 15). Thus, it would have been obvious to one of ordinary skill in the art prior to the filing date of the claimed invention to implement the infusion pump of Tsoukalis as performing its speed control process in accordance with a pump parameter setting such as a target shaft speed or volumetric flow rate.
Finally, while Tsoukalis teaches a cam shaft encoder (rotational position encoder 7) comprising a sensor (sensor 7) for detecting the speed and angular position of the cam shaft (Col. 3, ln 27-33), Tsoukalis fails to teach specify how the sensor/encoder achieves such a measurement (such as optically, magnetically, etc.), and thus Tsoukalis fails to teach receiving, from a cam shaft encoder magnet assembly attached to the cam shaft, a magnetic orientation of the cam shaft as the cam shaft rotates; processing sensed magnetic orientation data to calculate a speed and angular position of the cam shaft, as claimed. Such magnetic encoders, however, are well known within the art. Carlson exhibits a magnetic encoder apparatus (or encoder magnet assembly) for measuring the speed/position of a rotating shaft (25), wherein the encoder magnet assembly is attached to the shaft (see Fig. 1-2 and [0014-0017]), the encoder magnet assembly comprising a diametrically polarized magnet (22), and wherein the encoder magnet assembly is configured to sense a magnetic orientation of the diametrically polarized magnet as the shaft rotates (via hall effect sensors on sensor chip 23 – see Fig. 1-2 and [0017]). Tsoukalis ‘270 teaches that such a magnetic cam shaft encoder may be suitably used for detecting the speed and angular position of the cam shaft of an infusion pump similar to that of Tsoukalis (see Fig. 3 and Col. 5, ln 13-24) in the same manner as that of Tsoukalis. Based on these references, it is clear that a magnetic encoder configuration of the type claimed represents one known type of suitable means within the art for embodying an encoder, such as the cam shaft encoder of Tsoukalis. Since Tsoukalis fails to specify the type of encoder used (a necessary detail to implement the invention in practice), and since an encoder magnet assembly attached to a shaft, the encoder magnet assembly comprising a diametrically polarized magnet, and the encoder magnet assembly configured to sense a magnetic orientation of the diametrically polarized magnet as the shaft rotates is known to be a suitable configuration for a cam shaft encoder assembly as required by Tsoukalis, as shown by Tsoukalis ‘270 and Carlson, it would have been obvious to one of ordinary skill in the art prior to the filing date of the claimed invention to implement the cam shaft encoder assembly of Tsoukalis as a cam shaft encoder magnet assembly in this manner, and to thereby modify the operation of Tsoukalis to include receiving, from a cam shaft encoder magnet assembly attached to the cam shaft, a magnetic orientation of the cam shaft as the cam shaft rotates; processing sensed magnetic orientation data to calculate a speed and angular position of the cam shaft, as exemplified by Tsoukalis ‘270 (Col. 5, ln 13-24) and Carlson ([0017-0023]), and thus in the manner claimed.
Regarding claim 15, the proposed combination of Tsoukalis as modified by Tsoukalis ‘270, Carlson, and Lioa according to claim 15 further exhibits that the controller may sense the magnetic orientation of the cam shaft as the cam shaft rotates comprises sensing the magnetic orientation of a diametrically polarized magnet attached to the cam shaft, since such an encoder magnet assembly comprising a diametrically polarized magnet is incorporated into the pump of Tsoukalis in the above modification (see in re claim 14), since the encoder magnet assembly is configured to sense a magnetic orientation of the diametrically polarized magnet as the shaft rotates (see in re claim 14), and since the method performed by the controller of Tsoukalis is modified accordingly to include sensing the magnetic orientation of the cam shaft via these features (see in re claim 14).
Regarding claim 16, Carlson further teaches that sensing the magnetic orientation of the cam shaft may comprises detecting, using an encoder printed circuit board (printed circuit board 20, comprising sensor chip 23), the magnetic orientation of the diametrically polarized magnet (see Fig. 1-2, [0004], [0015], and [0017-0023]). Carlson also teaches that the encoder printed circuit board may provide the magnetic orientation data measured by the encoder as an output signal ([0004]), and Tsoukalis ‘270 further teaches that such a magnetic cam shaft encoder may output magnetic orientation data as an output signal to the infusion pump controller (Col. 5, ln 18-24). Because Tsoukalis is modified, as described above, to include a cam shaft encoder magnet assembly which necessarily must include a means to detect the magnetic orientation of the diametrically polarized magnet, it follows that, in line with the prior modification, Tsoukalis may be further modified to comprise an encoder printed circuit board that detects the magnetic orientation of the diametrically polarized magnet, as taught by Carlson, and to comprise computer-executable instructions that, when executed by the controller of the infusion pump cause the infusion pump to receive, from the encoder printed circuit board, the magnetic orientation of the diametrically polarized magnet and to process the received magnetic orientation data, as taught by Carlson and Tsoukalis ‘270.
Claim(s) 2 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Tsoukalis as modified by Tsoukalis ‘270, Carlson, and Lioa according to claims 1 and 8 respectively, and in view of Kikuchi (U.S. Pat. Pub. No. 2010/0001719 A1).
Regarding claim 2, Tsoukalis as modified by Tsoukalis ‘270, Carlson, and Lioa according to claim 1 discloses the infusion pump of claim 1. Tsoukalis fails to teach an injection molded plastic housing that houses the cam shaft encoder magnet assembly, Tsoukalis failing to teach any details concerning how the cam shaft encoder magnet is housed or mounted onto the cam shaft. It is, however, well known within the art to mount a magnet or magnetic encoder/sensor on a shaft by housing the magnet within a plastic housing. Kikuchi, for example, exhibits an encoder assembly (300) comprising a plastic housing (sensor magnet holder 310, which may be formed of nylon – see [0034]) that houses an encoder magnet (sensor magnet 320) and mounts the magnet onto a motor shaft (130, see Fig. 1-4D and [0033-0037]) in a similar manner to the encoder of the proposed combination. In view of the example of Kikuchi, and since Tsoukalis fails to teach any details concerning how the cam shaft encoder magnet is housed or mounted onto the cam shaft, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the cam shaft encoder magnet of Tsoukalis as comprising an injection molded plastic housing that houses the cam shaft encoder magnet assembly and mounts it to the cam shaft, such as in the manner taught by Kikuchi, as a routine selection of one of several means known to be suitable within the art to secure the cam shaft encoder magnet assembly to the cam shaft.
It should also be noted that, while Kikuchi does not teach that the housing may be formed by injection molding (i.e. injection molded), in accordance to MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight. Please note that even though product- by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product, i.e. the plastic housing that houses the cam shaft encoder magnet assembly, does not depend on its method of production, i.e. injection molding. In re Thompson, 227 USPQ 964, 966 (Federal Circuit 1985).
Regarding claim 9, Tsoukalis as modified by Tsoukalis ‘270, Carlson, and Lioa according to claim 7 discloses the method of claim 7. Tsoukalis fails to teach housing the cam shaft encoder magnet assembly in an injection molded plastic housing, Tsoukalis failing to teach any details concerning how the cam shaft encoder magnet is housed or mounted onto the cam shaft. It is, however, well known within the art to mount a magnet or magnetic encoder/sensor on a shaft by housing the magnet within a plastic housing. Kikuchi, for example, exhibits an encoder assembly (300) comprising a plastic housing (sensor magnet holder 310, which may be formed of nylon – see [0034]) that houses an encoder magnet (sensor magnet 320) and mounts the magnet onto a motor shaft (130, see Fig. 1-4D and [0033-0037]) in a similar manner to the encoder of the proposed combination. In view of the example of Kikuchi, and since Tsoukalis fails to teach any details concerning how the cam shaft encoder magnet is housed or mounted onto the cam shaft, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the cam shaft encoder magnet of Tsoukalis as comprising a plastic housing that houses the cam shaft encoder magnet assembly and mounts it to the cam shaft, such as in the manner taught by Kikuchi, as a routine selection of one of several means known to be suitable within the art to secure the cam shaft encoder magnet assembly to the cam shaft.
It should also be noted that, while Kikuchi does not teach that the housing may be formed by injection molding (i.e. injection molded), in accordance to MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight. Please note that even though product- by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product, i.e. the plastic housing that houses the cam shaft encoder magnet assembly, does not depend on its method of production, i.e. injection molding. In re Thompson, 227 USPQ 964, 966 (Federal Circuit 1985).
Claim(s) 2-4 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Tsoukalis as modified by Tsoukalis ‘270, Carlson, and Lioa according to claims 1 and 8 respectively, and in view of Lindberg (EP0857884A2).
Regarding claims 2-4, Tsoukalis as modified by Tsoukalis ‘270, Carlson, and Lioa according to claim 2 discloses the infusion pump of claim 2. Tsoukalis fails to teach housing the cam shaft encoder magnet assembly in an injection molded plastic housing, that the injection molded plastic housing comprises a pair of cantilever snaps that connect the injection molded plastic housing to the cam shaft, or that an alignment pin keys the pair of cantilever snaps to the respective cams such that an angular position of poles of the diametrically polarized magnet correspond to orientation of the respective cams, Tsoukalis failing to teach any details concerning how the cam shaft encoder magnet is housed or mounted onto the cam shaft. Such a configuration for mounting a component to a rotating shaft is, however, well known within the art. Lindberg, for example, exhibits a configuration for mounting a component to a rotating shaft (elongated shaft 10) (see Fig. 1-2 and Col. 2, ln 43 – Col. 4, ln 2), wherein the component comprises a plastic housing (plastic element 11, 12, 13), the plastic housing comprises a pair of cantilever snaps (snap arms 135, 136) that connect the plastic housing to the shaft (within a groove 107, 108, 109 on the shaft - see Fig. 1-2 and Col. 2, ln 43 – Col. 3, ln 53), and the shaft comprising an alignment pin (104, 105, 106) that keys the pair of cantilever snaps (via slots 131, 132, 133, 134) and thus the entirety of the housing in order to retain the component in a fixed angular position relative to the shaft (see Fig. 1-2 and Col. 2, ln 43 – Col. 3, ln 22). Lindberg teaches that such a mounting means secures the component against axial or rotational movement relative to the shaft (Col. 1, ln 47-53). It is evident that securing the magnet portion of the cam shaft encoder magnet against axial or rotational movement relative to the cam shaft (and thus the cams) is necessary in order to ensure that the magnetic orientation of the shaft (and thus the cams) is accurately determined (see Tsoukalis ‘270, Col. 5, ln 13-24, and Carlson, [0017-0023]). Thus, based on the teachings of Lindberg, and since Tsoukalis fails to teach any details concerning how the cam shaft encoder magnet is housed or mounted onto the cam shaft (such details being necessary to implement such an invention in practice), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the cam shaft encoder magnet of Tsoukalis as comprising a plastic housing that houses the cam shaft encoder magnet assembly and mounts it to the cam shaft, wherein the injection molded plastic housing comprises a pair of cantilever snaps that connect the injection molded plastic housing to the cam shaft, and an alignment pin keys the pair of cantilever snaps to retain the component is a fixed angular position relative to the shaft, such as in the manner taught by Lindberg, thereby keying the cantilever snaps to be fixed in position relative to the respective cams, as a routine selection of one of several means known to be suitable within the art to secure the cam shaft encoder magnet assembly to the cam shaft, thereby enabling accurate determination of the magnetic orientation of the shaft. Such a modification would result inherently in the annular position of the poles of the diametrically polarized magnet corresponding to a known orientation distribution of the respective cams, since the poles would be fixed in position relative to the cams, and thus a known orientation (angular displacement) of each cam (for example, the angular position of the maximum or minimum height of the cam) relative to the poles would be determinable and would remain fixed throughout operation.
It should also be noted that, while Lindberg does not teach that the housing may be formed by injection molding (i.e. injection molded), in accordance to MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight. Please note that even though product- by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product, i.e. the plastic housing that houses the cam shaft encoder magnet assembly, does not depend on its method of production, i.e. injection molding. In re Thompson, 227 USPQ 964, 966 (Federal Circuit 1985).
Regarding claims 9-11, Tsoukalis as modified by Tsoukalis ‘270, Carlson, and Lioa according to claim 2 discloses the infusion pump of claim 2. Tsoukalis fails to teach housing the cam shaft encoder magnet assembly in an injection molded plastic housing, connecting the injection molded plastic housing to the cam shaft using a pair of cantilever snaps, or keying the pair of cantilever snaps to the cams with an alignment pin such that an angular position of poles of the diametrically polarized magnet correspond to orientation of the respective cams, Tsoukalis failing to teach any details concerning how the cam shaft encoder magnet is housed or mounted onto the cam shaft. Such a configuration for mounting a component to a rotating shaft is, however, well known within the art. Lindberg, for example, exhibits a configuration for mounting a component to a rotating shaft (elongated shaft 10) (see Fig. 1-2 and Col. 2, ln 43 – Col. 4, ln 2), wherein the component comprises a plastic housing (plastic element 11, 12, 13), the plastic housing comprises a pair of cantilever snaps (snap arms 135, 136) that connect the plastic housing to the shaft (within a groove 107, 108, 109 on the shaft - see Fig. 1-2 and Col. 2, ln 43 – Col. 3, ln 53), and the shaft comprising an alignment pin (104, 105, 106) that keys the pair of cantilever snaps (via slots 131, 132, 133, 134) and thus the entirety of the housing in order to retain the component in a fixed angular position relative to the shaft (see Fig. 1-2 and Col. 2, ln 43 – Col. 3, ln 22). Lindberg teaches that such a mounting means secures the component against axial or rotational movement relative to the shaft (Col. 1, ln 47-53). It is evident that securing the magnet portion of the cam shaft encoder magnet against axial or rotational movement relative to the cam shaft (and thus the cams) is necessary in order to ensure that the magnetic orientation of the shaft (and thus the cams) is accurately determined (see Tsoukalis ‘270, Col. 5, ln 13-24, and Carlson, [0017-0023]). Thus, based on the teachings of Lindberg, and since Tsoukalis fails to teach any details concerning how the cam shaft encoder magnet is housed or mounted onto the cam shaft (such details being necessary to implement such an invention in practice), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the cam shaft encoder magnet of Tsoukalis by housing the cam shaft encoder magnet assembly in an injection molded plastic housing, connecting the injection molded plastic housing to the cam shaft using a pair of cantilever snaps, and keying the pair of cantilever snaps in a fixed position relative to the cam shaft (and thus the cams), such as in the manner taught by Lindberg, as a routine selection of one of several means known to be suitable within the art to secure the cam shaft encoder magnet assembly to the cam shaft, thereby enabling accurate determination of the magnetic orientation of the shaft. Such a modification would result inherently in the annular position of the poles of the diametrically polarized magnet corresponding to a known orientation distribution of the respective cams, since the poles would be fixed in position relative to the cams, and thus a known orientation (angular displacement) of each cam (for example, the angular position of the maximum or minimum height of the cam) relative to the poles would be determinable and would remain fixed throughout operation.
It should also be noted that, while Lindberg does not teach that the housing may be formed by injection molding (i.e. injection molded), in accordance to MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight. Please note that even though product- by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product, i.e. the plastic housing that houses the cam shaft encoder magnet assembly, does not depend on its method of production, i.e. injection molding. In re Thompson, 227 USPQ 964, 966 (Federal Circuit 1985).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eric A Lange whose telephone number is (571)272-9202. The examiner can normally be reached on M-F 8:30am-noon and 1pm-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chelsea Stinson can be reached on (571) 270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ERIC A LANGE/Examiner, Art Unit 3783
/CHELSEA E STINSON/Supervisory Patent Examiner, Art Unit 3783
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