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 § 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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 13-17 and 20 are rejected under 35 U.S.C. 102(a)(1) and (2) as being anticipated by Kerkhoffs et al. (US 2021/0015982, hereinafter “Kerkhoffs”).
In regards to claim 1, Kerkhoffs discloses a driving device (Fig. 1), comprising:
a driving housing (Fig. 2, outer sleeve 13) provided with a mounting cavity (cavity housing rotor 7 and stator 9) and an accommodating cavity separated from the mounting cavity (cavity housing wire 16; par. 0034);
a rotor (elements 7 and 8) comprising a rotating shaft (element 8) and a magnetic assembly (element 7, par. 0032), an end of the rotating shaft being accommodated in the mounting cavity, the rotating shaft being capable of rotating relative to the driving housing, and the magnetic assembly being fixedly connected to the rotating shaft (par. 0032);
a stator mechanism accommodated in the mounting cavity (element 9), the stator mechanism being capable of generating a rotating magnetic field that drives the magnetic assembly to rotate, and the magnetic assembly being capable of driving the rotating shaft to rotate around an axis of the rotating shaft (pars. 0005, 0032); and
an electric wire electrically connected to the stator mechanism (Fig. 2, element 16), a portion of the electrical wire being located between at least part of the magnetic assembly and the driving housing (Fig. 2), and the portion of the electric wire located between the magnetic assembly and the driving housing being accommodated in the accommodating cavity, so that a cavity wall of the accommodating cavity prevents the electric wire from being in contact with the magnetic assembly (Fig. 2).
In regards to claim 2, the stator mechanism comprises a power stator, the power stator is capable of generating the rotating magnetic field that drives the magnetic assembly to rotate (pars. 0005, 0032), the electric wire is electrically connected to the power stator (Fig. 2, element 16), the rotating shaft is capable of rotatably extending through the power stator (Fig. 2, element 8 extends through stator 9), and the magnetic assembly is closer to an end portion of an end of the rotating shaft accommodated in the mounting cavity than the power stator (Fig. 2, element 7 is radially closer to an end portion of the rotating shaft 8 than the stator 9).
In regards to claim 13, a protective member (Fig. 2, elements 11 and 18; par. 0033) is fixed in the driving housing, the protective member divides an inner cavity of the driving housing into the mounting cavity and the accommodating cavity (Fig. 2), the protective member is located between the electric wire and at least part of the magnetic assembly, and the protective member prevents the electric wire from being in contact with the magnetic assembly (Fig. 2).
In regards to claim 14, the protective member is provided with a communication hole (lumen in casting compound through which wire 10 passes) in communication with the mounting cavity and the accommodating cavity and allowing the electric wire to extend through, so as to allow the electric wire to extend through the communication hole to be electrically connected to the stator mechanism in the mounting cavity (Fig. 2).
In regards to claim 15, the driving housing comprises a shell body (element 13) and a sealing cover (distal portion of element 5), the shell body is further provided with a mounting opening (opening through which element 15 enters the rotor cavity), the mounting opening is in communication with the mounting cavity (Fig. 2, element 15 is in communication with the interior of the rotor cavity), the sealing cover sealingly covers on the mounting opening (Fig. 2, seals the opening from the outside body/patient), and at least a portion of the accommodating cavity is formed by the sealing cover and the protective member (Fig. 2; the cavity accommodating wire 10 is formed at least in part by elements 5 and 13).
In regards to claim 16, the driving housing comprises a plurality of housings (the mounting cavity and the accommodation cavity, as set forth above), the plurality of housings are sequentially butted to cooperatively define the mounting cavity (the accommodation cavity abuts the mounting cavity to “define” the end surface of the mounting cavity, Fig. 2).
In regards to claim 17, the driving device further comprises a first shaft sleeve and a second shaft sleeve (bearings 11 and 12), both the first shaft sleeve and the second shaft sleeve are accommodated in the mounting cavity and are fixedly connected to the driving housing (Fig. 2), the rotating shaft (element 8) rotatably extends through the first shaft sleeve and the second shaft sleeve (Fig. 2), and the rotor further comprises a limiting ring (end surfaces of rotor 7), the limiting ring is fixedly sleeved on the rotating shaft, the limiting ring is located between the first shaft sleeve and the second shaft sleeve, and an outer diameter of the limiting ring is greater than an inner diameter of the first shaft sleeve and an inner diameter of the second shaft sleeve, respectively, so as to limit the rotating shaft in an extension direction of the rotating shaft (Fig. 2).
In regards to claim 20, Kerkhoffs discloses a blood pump (Fig. 1), comprising: the driving device according to claim 1 (Fig. 2); and an impeller fixedly connected to the rotating shaft, the impeller being capable of rotating along with the rotating shaft (Fig. 2, element 6).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Kerkhoffs in view of Barry (US 2018/0169312, hereinafter “Barry”). Kerkhoffs discloses the essential features of the claimed invention, including wherein the driving housing is further provided with a mounting opening in communication with the mounting cavity (Fig. 2, opening containing bearing 12), an end of the rotating shaft extends from the mounting opening to the outside of the driving housing (Fig. 2, extending out of opening to impeller 6), the driving device further comprises a shaft sleeve fixedly connected to the driving housing (outer portion of bearing 12), the shaft sleeve is provided at the mounting opening, and the rotating shaft rotatably extends through the shaft sleeve (Fig. 2).
Kerkhoffs does not expressly disclose that a gap between the shaft sleeve and the rotating shaft (bearing gap) is less than or equal to 2µm. However, Barry in the same field of endeavor of implantable heart pumps teaches providing a housing with a gap between the shaft sleeve and the rotating shaft (bearing gap) is less than or equal to 2µm (par. 0034) to provide the predictable results of providing for fluid flow that lubricates and cools the heart pump while avoiding ingress of blood (par. 0033).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Kerkhoffs by providing a housing with a gap between the shaft sleeve and the rotating shaft (bearing gap) is less than or equal to 2µm to provide the predictable results of providing for fluid flow that lubricates and cools the heart pump while avoiding ingress of blood.
Allowable Subject Matter
Claims 3-12 and 18 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Although the prior art generally teaches the claimed subject matter of a pump with stator wire accommodated in an accommodating cavity, the prior art does not disclose or fairly render unpatentable the combination of elements including the configuration of claim 3 including a magnet disposed between a power stator and driving stator along an axis of rotation of the shaft with the accommodating cavity in the claimed configuration. Additionally, the prior art fails to disclose or fairly render unpatentable the limitations of claim 18 drawn to the first, second, and third limiting holes accommodating the first shaft sleeve, second shaft sleeve, and limiting ring, as required by the claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jarvik (US 2010/0121438) is another example of a blood pump with an accommodating cavity for a stator wire.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL W KAHELIN whose telephone number is (571)272-8688. The examiner can normally be reached M-F, 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Klein can be reached at (571)270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL W KAHELIN/ Primary Examiner, Art Unit 3792