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 .
1. Claims 17-30 are presented and claims 1-16 are cancelled.
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.
2. 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.
2.1 Claim(s) 17, 27 and 30 is/are rejected under 35 U.S.C. 102(a)(b) as being anticipated by Schob (US 6278251 B1).
Regarding claim 17, Schob discloses a motor controller for driving and controlling an electrical motor of a blood pump for percutaneous insertion (column 1, lines 10-15, implantable blood pumps are known which are implanted into the body of the patient for the temporary; column 4, line 5, blood pump, Fig. 1-3, column 4, lines 25-27, column 2, lines 51-54, column 9, lines 5-10, a control winding having at least three loops for producing a magnetic control field, by means of which the position of the rotor 2 or of the axis 14, respectively. The rotary drive which is at least two-phased in its fault-free normal condition, is a permanent magnetically excited rotary filed motor), the electrical motor comprising at least three motor winding units (winding units 31/32/33, Fig. 1-2),
wherein each of the motor winding units is arranged and configured to be individually connected to a power supply via separate phase supply lines (Each winding 31, 32, 33 is operably connected to a current path Ib which is connected to a power amplifier 41a, 41b, 41c, therefore each winding is operably and individually connected to a power amplifier),
wherein each of the separate phase supply lines is connected to a respective terminal of the respective motor winding unit (Fig. 1 and 2, each of the separate phase supply lines la/Ib/Ic are connected to a respective motor winding unit 31/32/33),
the motor controller comprising:
corresponding phase supply line driving units for each of the at least three motor winding units, wherein each of the phase supply line driving units is respectively connected through the corresponding phase supply lines to one of the at least three motor winding units (Fig. 1 and 2, (Fig. 1 and 2, each of the separate phase supply lines la/Ib/Ic are connected to a respective motor winding unit 31/32/33), the motor controller further comprising at least one of:
respective phase current measuring units for measuring an actual value of electrical current through the respective corresponding motor winding unit (column 5, lines 45-53, Current measurement devices (not illustrated) can be provided in the individual phases in each case for the determination of the individual phase currents Ia, Ib, Ic);
a total current measuring unit for measuring an actual value of total electrical current through all motor winding units unit (column 5, lines 45-53, Current measurement devices (not illustrated) can be provided the three loops 31, 32, 33 of the drive winding are thus connected in a star point circuit, with the star point SP, however, being loadable, which means that it is connected to a loadable potential so that, apart from the three phase currents Ia, Ib, Ic, an additional current can flow off via the star point SP or flow into the latter, respectively); and respective measuring units configured for measuring a respective induced counter electromagnetic force, CEMF, for motor winding units not driven (column 9, lines 20-21,The magnetic control field is a magnetic rotary field).
Regarding claim 27, Schob discloses wherein the electrical motor comprises three motor winding units, each motor winding unit being connected to corresponding phase supply lines (Fig. 1 and 2, three motor winding units 31/32/33 (figures 1-2), which are connected to a corresponding phase line la/Ib/Ic).
Regarding claim 30, Schob discloses the electrical motor is a permanent magnet excited synchronous motor (column 2, lines 51-62, The rotary drive is at least two-phased in its fault-free normal condition, is a permanent magnetically excited rotary field motor, thus, in particular, a permanent magnetically excited synchronous or a brushless D.C. motor).
Claim Rejections - 35 USC § 103
3. 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.
3.1 Claim(s) 18-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schob (US 6278251 B1) in view of Von Wendorff (US20160065114A1).
Regarding claim 18, schob discloses the limitation of claim 17, as state above, but fails to disclose the limitations of claim 18. However, Von Wendorff discloses the limitations of claim 18, as follow:
Regarding claim 18, Von Wendorff discloses each of the phase supply line driving units is implemented by two corresponding half bridge units configured to be switchable for a cooperative control of an electrical power supplied to the corresponding motor winding unit ([0027], [0044], [0054], three phase motors, it is valid for all counts of phases of multiple phase motors. A 3-phase motor is the smallest phase count and higher phases due to the smaller phase differences of the phases even improve the compensation possible, especially for the second approach (closing the half bridge of another coil. Inserting the shunts in the ground connections of the three half bridges enables a microcontroller coupled ADC to detect the current measurement voltages, as the supply voltage of the motor is above 5V being the maximum voltage of the microcontroller ADC. A location between the top transistor and the positive supply might require extra elements such as a resistor divider).
Regarding claim 19, schob discloses the limitation of claim 17, as state above, and in addition, Schob discloses to adjust parameters for the faulty motor winding unit and to further operate the electrical motor by all motor winding units (column 10, lines 6-13, the setting parameter, which means the phase voltages or the phase currents, is regulatable for each loop of the drive winding independently of the setting parameters for the other loops), but fails to disclose control unit configured to control the phase supply line driving units to operate the electrical motor. However, Von Wendorff discloses control unit configured to control the phase supply line driving units to operate the electrical motor (Abstract, An electronic device is for controlling motor drive circuits for driving a multi-phase motor in a force assisted system), wherein the control unit is configured to detect a fault in one of the motor winding units wherein the control unit is further configured, in case of a detected faulty motor winding unit (Abstract, [0035], a fault processor detects at least one fault condition causing a fault current in a first motor drive circuit),
Von Wendorff and Schob are analogous art. They relate to controlling the motor winding.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the motor control circuit, taught by Von Wendorff, incorporated with a control drive winding, taught by Schob, in order to generate for at least one motor drive circuit for permitting at least one compensation current to flow for reducing a faulty force due to the fault current.
Regarding claim 20, Schob discloses the control unit is configured to control the phase supply line driving units to operate the electrical motor (column 9, lines 20-45, The magnetic control field is a magnetic rotary field all phases of the three or more phase control winding), to drive and control at least one of a rotational speed of the electrical motor, a rotational direction of the electrical motor, and a torque produced by the electrical motor (column 5, lines 55-67, The speed of rotation of the rotor 2 is regulated by means of a speed of rotation regulator, which is, for example, integrated into the regulation unit 42).
Regarding claim 21, Schob discloses the faulty motor winding unit is defined by at least one of an interruption in a wire of the faulty motor winding unit or in the corresponding phase supply lines of the motor winding unit (column 6 lines 1-20 an interruption in an electrical conductor of a loop the failure of a bipolar amplifier or a line defect in one of the loops or the connection between a loop and the associated power amplifier).
a current leakage of the faulty motor winding unit to a casing of the electrical motor (column 2, lines 25-40, the rotary drive can continue to be operated with a reduced number of phases in the event of a fault in a phase current, e.g. the failure of the entire phase, without it being necessary to make concessions to the correct functioning of the rotary drive); and
a short circuit between wire turns of the faulty motor winding unit (column 1, lines 60-65, (column 2, lines 25-40); and
wherein the control unit is further configured to detect the faulty motor winding unit based on at least one of the actual values of the electrical current through the respective corresponding motor winding units or a comparison of the actual electrical voltage of the motor winding units (column 5, lines 53-67, column 2, lines 25-40, column 4, lines 58-64, a phase current Ia, Ib, Ic or a phase voltage Ua, Ub, Uc as setting parameter. The setting device 4 can thus be designed as a current controller or as a voltage controller for the drive winding).
Regarding claim 22, Schob discloses wherein in case of a fault in the motor winding units defined by a short circuit between wires of two of the motor winding units, the control unit is configured to: detect the two faulty motor winding units based on a comparison of the actual value of electrical current through the two faulty motor winding units; and when the control unit determines one of the two faulty motor winding units as the faulty motor winding unit, the corresponding phase supply line driving unit is to be switched off (Abstract, column 9, lines 31-45, column 7, lines 12-41, a drive winding having at least two loops for the production of a magnetic drive field which produces a torque on the rotor. An excessive current safety device for each electrical phase in order that the associated phase is switched off when a short circuit arises).
Regarding claim 23, Von Wendorff discloses the total current measuring unit comprises a current sensing element that is connected in series with a common node of all phase supply lines ([0024]. an electronic device for controlling motor drive circuits for driving a multi-phase motor in a force assisted system. Each motor drive circuit selectively permits current to flow into or out of a respective phase of a multi-phase motor 460 connected to the motor drive circuit. Each of the motor drive circuits has a resistor 421 so as to enable detecting the current flowing via the motor drive circuit).
Regarding claims 24, Von Wendorff discloses the total current measuring unit is implemented by a shunt resistor ([0019], Vector control algorithms measure the current flowing through the circuit to define the required voltage to be applied to the coil, shunt resistors are used).
3.2 Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schob (US 6278251 B1) in view of Chen (US20150367049A1).
Regarding claim 25, schob discloses the limitation of claim 17, as state above, but fails to disclose the limitations of claim 25. However, Chen discloses the limitation of claim 25 as follow:
Regarding claim 25, Chen discloses the electrical motor is an integral component of the blood pump, which is configured for being completely inserted percutaneously into a patient's body so that when the blood pump is inserted, the motor controller for providing electrical power to and controlling the electrical motor is located outside the patient's body (Abstract, [0006],[0024], An implantable blood pump includes motor control circuitry and power electronics circuitry integrated within the implantable pump body. The motor control circuitry and power electronics circuitry is configured to energize and control motor windings to rotate the pump rotor and impeller. The controller and the power electronics are placed outside of the blood pump. Additional leads within percutaneous cable are used to feed the position sensor signal from inside the pump to the controller outside of the pump).
Chen and Schob are analogous art. They relate to controlling the motor winding.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the motor control circuit, taught by Chen, incorporated with a control drive winding, taught by Schob, in order to adjust pump speed and flow in real-time, enhanced safety and easy repair and maintain.
3.3 Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schob (US 6278251 B1) in view of Chen (US20150367049A1) further in view of Aboul-Hosn et al. (US20160367738A1).
Regarding claim 26, schob and Chen disclose the limitation of claims 17 and 25, as state above, but fail to disclose the limitations of claim 26. However, Aboul-Hosn discloses the limitation of claim 26 as follow:
Regarding claim 26, Aboul-Hosn discloses a connection for power supply to and control of operation of the electrical motor is disposed within a catheter affixed to the blood pump ([0005],[0121], Fig. 4, the pump, along with the rotor and shroud, are mounted at the end of an elongated flexible catheter, The catheter is inserted into the aorta from a remote entry point, such as an incision below the groin that provides access into a femoral artery).
Aboul-Hosn, Chen and Schob are analogous art. They relate to controlling the motor winding.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the intravascular pump, taught by, Aboul-Hosn incorporated with the Chen and Schob, as state above, in order to provides the ability to selectively guide the intravascular pump to a desired location within a patient's circulatory system.
3.4 Claim(s) 28-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schob (US 6278251 B1) in view of Wills (US 4425539 A).
Regarding claim 28-29, schob discloses the limitation of claims 17 and 27, as state above, but fails to disclose the limitations of claims 28-29. However, Wills discloses the limitation of claims 28-29 as follow:
Regarding claims 28 and 29, Wills discloses the motor winding units are connected in a delta circuit, a star or a wye circuit configuration (Abstract, A control system is disclosed for connecting the primary windings of a three-phase AC induction motor in one of which effects the wye connection and the other the delta connection. When the power input is below the preselected level the wye-connection is established, whereas the delta-connection is made when the power input is above the preselected level).
Wills and Schob are analogous art. They relate to controlling the motor winding.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the primary windings of a three-phase AC inducton motor, taught by Wills, incorporated with a control drive winding, taught by Schob, in order to a control system for connecting the primary windings of an AC induction motor in a delta-connection at heavy loads and for automatically reconnecting the windings in a wye-connection at light loads to effect energy savings.
Double Patenting
5. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/teterminal-disclaimer.
Claims 17-22, 25-27 and 30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4, 6-8 and 11-14 of U.S. Patent No. 11,191,945.
Claims 17-18, 20-21, 25, 27 and 30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 11,175,622.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claim limitation of the instate UP application 18/233,342 is similar and has the same subject matter as claim limitation of US Patent 11,191,945 and 11,175,622, for example, see the list below:
Instate US Application 18/233,342
Parent US Patent 11,191,945
17. A motor controller for driving and controlling an electrical motor of a blood pump for percutaneous insertion, the electrical motor comprising at least three motor winding units, wherein each of the motor winding units is arranged and configured to be individually connected to a power supply via separate phase supply lines, wherein each of the separate phase supply lines is connected to a respective terminal of the respective motor winding unit, the motor controller comprising: corresponding phase supply line driving units for each of the at least three motor winding units, wherein each of the phase supply line driving units is respectively connected through the corresponding phase supply lines to one of the at least three motor winding units the motor controller further comprising at least one of: respective phase current measuring units for measuring an actual value of electrical current through the respective corresponding motor winding unit; a total current measuring unit for measuring an actual value of total electrical current through all motor winding units; and respective measuring units configured for measuring a respective induced counter electromagnetic force, CEMF, for motor winding units not driven.
19. The motor controller of claim 17, further comprising a control unit configured to control the phase supply line driving units to operate the electrical motor, wherein the control unit is configured to detect a fault in one of the motor winding units,
wherein the control unit is further configured, in case of a detected faulty motor winding unit, to adjust parameters for the faulty motor winding unit and to further operate the electrical motor by all motor winding units.
27. The motor controller of claim 17, wherein the electrical motor comprises three motor winding units, each motor winding unit being connected to corresponding phase supply lines.
1. A blood pump system for percutaneous insertion comprising: an electrical motor for driving a blood pump, the electrical motor comprising: at least three motor winding units, wherein each of the motor winding units is arranged and configured to be individually connected to a power supply via separate phase supply lines, wherein each of the separate phase supply lines is connected to a respective terminal of the respective motor winding unit; a motor controller for driving and controlling the electrical motor wherein the motor controller comprises corresponding phase supply line driving units for each of the at least three motor winding units, wherein each of the phase supply line driving units is respectively connected through the corresponding phase supply lines to one of the at least three motor winding units the motor controller further comprising at least one of: respective phase current measuring units for measuring an actual value of electrical current through the respective corresponding motor winding unit; a total current measuring unit for measuring an actual value of the total electrical current through all motor winding units; and respective measuring units configured for measuring a respective induced counter electromagnetic force, CEMF, for motor winding units not driven and
a control unit configured to control the phase supply line driving units to operate the electrical motor wherein the control unit is configured to detect a fault in one of the motor winding units based on the at least one of an actual value of the electrical current through the respective corresponding motor winding unit, the actual value of the total electrical current through all motor winding units or the respective induced counter electromagnetic force, CEMF, for motor winding units not driven, wherein the control unit is further configured, in case of a detected faulty motor winding unit, to adjust parameters for the faulty motor winding unit and to further operate the electrical motor by all motor winding units
Claim 12 has the smiler limitations.
18. The motor controller of claim 17, wherein each of the phase supply line driving units is implemented by two corresponding half bridge units configured to be switchable for a cooperative control of an electrical power supplied to the corresponding motor winding unit.
4. The blood pump system of claim 1, wherein each of the phase supply line driving units is implemented by two corresponding half bridge units configured to be switchable for a cooperative control of an electrical power supplied to the corresponding motor winding unit.
20. The motor controller of claim 19, wherein the control unit is configured to control the phase supply line driving units to operate the electrical motor, to drive and control at least one of a rotational speed of the electrical motor, a rotational direction of the electrical motor, and a torque produced by the electrical motor.
8. The blood pump system of claim 1, wherein the control unit is configured to drive and control at least one of: a rotational speed of the electrical motor, a rotational direction of the electrical motor, and a torque produced by the electrical motor.
21. The motor controller of claim 19, wherein the faulty motor winding unit is defined by at least one of an interruption in a wire of the faulty motor winding unit or in the corresponding phase supply lines of the motor winding unit; a current leakage of the faulty motor winding unit to a casing of the electrical motor; and a short circuit between wire turns of the faulty motor winding unit; and wherein the control unit is further configured to detect the faulty motor winding unit based on at least one of the actual value of the electrical current through the respective corresponding motor winding units or a comparison of the actual electrical voltage of the motor winding units.
13. The control method of claim 12, wherein detecting the fault in one of the motor winding units comprises detecting at least one of: (a) an interruption in a wire of the faulty motor winding unit or in the corresponding phase supply lines of the faulty motor winding unit, (b) a current leakage of the faulty motor winding unit to a casing of the electrical motor or (c) a short circuit between at least one wire turn of the faulty motor winding unit, and (d) a short circuit between the wires of two of the motor winding units.
11. The blood pump of claim 1, wherein the control unit is further configured to: detect the faulty motor winding unit based on at least one of a respective actual electrical current through the motor winding units and a comparison of an actual electrical voltage of the motor winding units.
22. The motor controller of claim 19, wherein in case of a fault in the motor winding units defined by a short circuit between wires of two of the motor winding units, the control unit is configured to: detect the two faulty motor winding units based on a comparison of the actual value of electrical current through the two faulty motor winding units; and when the control unit determines one of the two faulty motor winding units as the faulty motor winding unit, the corresponding phase supply line driving unit is to be switched off.
6. The blood pump system of claim 1, wherein the fault in the motor winding units is defined by a short circuit between the wires of two faulty motor winding units; wherein the control unit is configured to detect the two faulty motor winding units based on a comparison of an actual electrical current through the two faulty motor winding units and wherein the control unit is configured to determine one of the two faulty motor winding units as the faulty motor winding unit and when the control unit determines one of the two faulty motor winding units as the faulty motor winding unit, the corresponding phase supply line driving unit is to be switched off
25. The motor controller of claim 17, wherein the electrical motor is an integral component of the blood pump, which is configured for being completely inserted percutaneously into a patient's body so that when the blood pump is inserted, the motor controller for providing electrical power to and controlling the electrical motor is located outside the patient's body.
26. The motor controller of claim 25, wherein a connection for power supply to and control of operation of the electrical motor is disposed within a catheter affixed to the blood pump.
7. The blood pump system of claim 1 wherein the blood pump is configured for percutaneous insertion into a patient's body, wherein the motor controller for providing electrical power to and controlling the electrical motor is located outside the patient's body, and wherein a connection for a power supply to control the operation of the electrical motor is within a catheter affixed to the blood pump.
Claim 14 same as claim 7
30. The motor controller of claim 17, wherein the electrical motor is a permanent magnet excited synchronous motor.
2. The blood pump system of claim 1, wherein the electrical motor is a permanent magnet excited synchronous motor.
Citation Pertinent prior art
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kamen -US 20060125433 A1 discloses a fault control circuit detects a fault condition associated with the motor drive. Upon detection of the fault condition, the fault control circuit adjusts the torque commanded by the motor drive.
Lui -US 20090167082 A1 discloses the phase switching switch 323 controls a circuit which sends the input power or duty cycle signal to the first and second ON/OFF switches 321 and 322. Sending or cutoff of the input power or duty cycle signal to the first or second ON/OFF switch 321 or 322 is determined by the phase switching signal.
Smith -US20120226097A1 discloses a blood pump (26) includes a stator assembly (122) that includes a motor stator, a fluid inlet (24), and a fluid outlet (26). A rotor assembly (120) includes a motor rotor (54) and an impeller (40) rotatable about an axis (44) to move fluid from the inlet (24) to the outlet.
A reference to specific paragraphs, columns, pages, or figures in a cited prior art reference is not limited to preferred embodiments or any specific examples. It is well settled that a prior art reference, in its entirety, must be considered for allthat it expressly teaches and fairly suggests to one having ordinary skill in the art. Stated differently, a prior art disclosure reading on a limitation of Applicant's claim cannot be ignored on the ground that other embodiments disclosed wereinstead cited. Therefore, the Examiner's citation to a specific portion of a single prior art reference is not intended to exclusively dictate, but rather, to demonstrate an exemplary disclosure commensurate with the specific limitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1 009, 158 USPQ 275, 277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck& Co. v. Biocraft Labs., Inc., 874 F.2d804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d 792,794 n.1, 215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163USPQ 545, 549 (CCPA 1969).
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed Kidest Worku whose telephone number is 571-272-3737. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ali Mohammad can be reached on 571-272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIDEST WORKU/Primary Examiner, Art Unit 2119