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 .
Election/Restrictions
Applicant' s election without traverse of 1-17 and 21-22 and Species I (Fig. 1A and Figs. 13-15) and Subspecies A (Figs. 2-7) in the reply filed on February 25, 2026 is acknowledged.
Claim 23 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statements (IDS) submitted are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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 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.
Claim(s) 1-3, 5-6, 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Driehuys (US 20040211191).
In re Claim 1, Driehuys discloses a cryo-collection system (Fig. 1-7) comprising:
an accumulator ([0014] and [0070]: a cryogenic accumulator; See Fig. 4) having
an entry conduit (125)
an exit conduit (126) and
a gas flow path (80) configured for receiving a gas mixture ([0058]: the polarized gas and buffer gas are directed down a primary flow path 80),
wherein the gas flow path (80) is in fluid communication with the entry conduit (125) and the exit conduit (126);
a heater (93) in thermal communication with the accumulator ([0020] and [0071]: a heat source such as the enclosed heating jacket );
a cooler (43) in thermal communication with the accumulator ([0069]: the cryogen bath 43 such that the reservoir 75 and about 7.62-15.24 cm (3-6 inches) of the tube is immerse); and
a controller (54/57) in communication with the heater and the cooler to direct the cooler to apply a temperature to the accumulator sufficient to freeze a target gas from the gas mixture and collect the target gas in the accumulator, then direct the heater to apply a temperature to the accumulator sufficient to thaw the collected target gas ([0045]: controller in communication with the heater and the cooler to direct the cooler to apply a temperature to the accumulator sufficient to freeze a target gas from the gas mixture and collect the target gas in the accumulator, then direct the heater to apply a temperature to the accumulator sufficient to thaw the collected target gas).
In re Claim 2, Driehuys discloses wherein the heater (93) and cooler (43) are both concurrently attached to the accumulator (See [0069] and [0071]: 93 and 43 are attached/included in accumulator 30).
In re Claim 3, Driehuys discloses wherein the cooler (43) is configured to cool a surface of the accumulator (surface of 30) to a temperature in a range of 77K to 165K ([0069]: temperature is at 77K), and wherein the heater (93) is configured to heat a surface of the accumulator (surface of 30) to thereby initiate thaw ([0071]: warming gas can compensate for the undesirable tendency of this area of the primary flow path to freeze and clog due to frozen gases trapped in the flow path 80).
In re Claim 5, Driehuys discloses wherein the heater (93) abuts a bottom surface of the accumulator (See Fig. 4 heater is towards the bottom of 30).
In re Claim 6, Driehuys discloses wherein the heater (93) abuts a bottom surface of the accumulator (See Fig. 4 heater is towards the bottom of 30).
In re Claim 17, Driehuys discloses wherein the target gas is 129Xe ([0071]: target gas is 129Xe), and wherein the gas mixture is a hyperpolarized gas mixture comprising 129Xe ([0071]: mixture of buffer gas and 129Xe).
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 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.
Claims 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Driehuys (US 20040211191) in view of Rolff (US 20060090477).
In re Claim 7, Driehuys does not explicitly teach, the cooler comprises a Stirling-cycle based cooler with a cold finger that abuts a surface of the accumulator to thermally couple the cooler to the accumulator.
On the other hand, Rolff teaches a Stirling cycle based cooler with a cold finger that abuts a surface of the accumulator to thermally couple the cooler to the accumulator ([0017: ]the piston compressor forms part of a Stirling cooler comprising a cold finger The cold finger is formed by a displacer piston in a cold finger cylinder housing. The cold finger comprises its own compressed-gas accumulator [i.e. a Stirling-cycle based cooler with a cold finger that abuts a surface of the accumulator to thermally couple the cooler to the accumulator] and gas bearing nozzles connected with the latter for supporting the displacer piston, or, alternatively, a common compressed-gas accumulator is provided outside the piston. The cold finger compressed-gas accumulator is connected via a cold finger gas supply line with the piston compressor compressed-gas accumulator).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have taken the teachings of Driehuys and to have modified them by having the cooler of Driehuys comprise a Stirling-cycle based cooler with a cold finger that abuts a surface of the accumulator of Driehuys to thermally couple the cooler to the accumulator of Driehuys as taught by Rolff, in order for compressed-gas accumulator arranged in the housing (See Rolff [0008]), without yielding unpredictable results.
In re Claim 8, Driehuys does not explicitly teach, the accumulator comprises a coupling channel that receives a fixation member to attach the cooler to the accumulator.
However, Rolff teaches the accumulator comprises a coupling channel that receives a fixation member to attach the cooler to the accumulator ([0017]: the piston compressor forms part of a Stirling cooler comprising a cold finger The cold finger is formed by a displacer piston in a cold finger cylinder housing. The cold finger comprises its own compressed-gas accumulator and gas bearing nozzles connected with the latter for supporting the displacer piston, or, alternatively, a common compressed-gas accumulator is provided outside the piston. The cold finger compressed-gas accumulator is connected via a cold finger gas supply line with the piston compressor compressed-gas accumulator [i.e. the accumulator comprises a coupling channel that receives a fixation member to attach the cooler to the accumulator).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have taken the teachings of Driehuys and to have modified them by having the accumulator of Driehuys comprise a coupling channel that receives a fixation member to attach the cooler to the accumulator, in order for compressed-gas accumulator arranged in the housing (See Rolff [0008]), without yielding unpredictable results.
In re Claim 9, Modified Driehuys teaches wherein the coupling channel resides in a center location of a bottom of the accumulator (Rolff [0059]: The gas bearing nozzles 468 are supplied with compressed gas from the compressed-gas accumulator 466. The piston compressor compressed-gas accumulator 34 is connected via a cold finger gas supply line 470 with the cold finger compressed-gas accumulator 466; i.e., the accumulator comprises a coupling channel that receives a fixation member to attach the cooler to the accumulator).
Claims 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Driehuys (US 20040211191) in view of Cates et al (US 5642625).
In re Claim 21, Driehuys teaches the cryo-collection system of Claim 1.
Driehuys does not explicitly teach a flow-through spin exchange optical pumping (SEOP) hyperpolarized gas production system for producing hyperpolarized gas comprising: a pressurized gas mixture; a flow-through optical pumping cell in fluid communication with the pressurized gas mixture; and the cryo-collection system of Claim 1 downstream of and in fluid communication with the flow-through optical pumping cell.
However, Cates teaches A flow-through spin exchange optical pumping (SEOP) (Col 5:15-16 and Claim 32: a pumping chamber for hyperpolarizing flowing noble gas by spin exchange with optical pumping) hyperpolarized gas production system (Col 1:10-13) for producing hyperpolarized gas (Col 1:10-13: produces hyperpolarizing gas) comprising:
a pressurized gas mixture (Col 7:15-33);
a flow-through optical pumping cell (Col 7:15-33) in fluid communication with the pressurized gas mixture (Col 7:17-28).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have taken the teachings of Driehuys and to have modified them by a flow-through spin exchange optical pumping (SEOP) hyperpolarized gas production system for producing hyperpolarized gas comprising: a pressurized gas mixture; a flow-through optical pumping cell in fluid communication with the pressurized gas mixture as taught by Cates, in order to produce significant quantities of hyperpolarized noble gases in a continuous manner (See Cates Col 1:10-13), without yielding unpredictable results. As a result of the combination, supra, the cryo-collection system of Claim 1 downstream of and in fluid communication with the flow-through optical pumping cell.
Claims 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Driehuys (US 20040211191) as modified by Cates et al (US 5642625) further in view of Bolam et al (US 20020168419).
Modified Driehuys does not explicitly teach further comprising a flexible patient dose delivery bag downstream of the cryo-collection system and comprising an inhalable bolus of hyperpolarized 129Xe collected, then thawed by the cryo- collection system.
However, Bolam teaches a flexible patient dose delivery bag (95; See Fig. 4 and [0043]: a breathing mask 90 can be attached to the patient dose bag 95) downstream of the cryo-collection system (See Fig. 4) and comprising an inhalable bolus of hyperpolarized 129Xe collected (See [0029] and [0043]: inhale of hyperpolarized 129Xe), then thawed by the cryo-collection system ([0024] and [0043]: the collection system thaws the collected polarized gas).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have taken the teachings of modified Driehuys and to have modified them by a flexible patient dose delivery bag downstream of the cryo-collection system and comprising an inhalable bolus of hyperpolarized 129Xe collected, then thawed by the cryo- collection system, in order to moisturize hyperpolarized noble gas and associated hyperpolarized noble gas products which are formulated for inhalation or ventilation delivery include adding moisture content to (dry) hyperpolarized gas (See Bolam Abstract and [0042]), without yielding unpredictable results.
Allowable Subject Matter
Claims 4 and 10-16 are 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IBRAHIM M ADENIJI whose telephone number is (571)272-5939. The examiner can normally be reached 8:00-5:00 PM.
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/IBRAHIM A. MICHAEL ADENIJI/Examiner, Art Unit 3763
/JOEL M ATTEY/Primary Examiner, Art Unit 3763
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