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 with traverse of group I, claims 1-9 in the reply filed on 02/05/2026 is acknowledged.
The traversal is on the ground(s) that that the examination of groups I and II can be made without serious burden. This is not found persuasive because while claim 1 has been amended to recite the controller comprising a memory device and a processing device coupled to the memory device, as discussed in the restriction requirement 12/10/2025, the product as claimed can be used in a materially different process and thus, the inventions are distinct.
The traversal is on the ground(s) that that the examination of groups I and III can be made without serious burden. This is not found persuasive because while claim 1 has been amended to recite a memory and processing device, restriction is still proper as invention I, the combination, does not require the particulars of the subcombination, invention III, as the subcombination requires the processing device configured to execute the claimed steps and the combination does not. Further, as discussed in the restriction requirement 12/10/2025, the subcombination has separate utility.
The traversal is on the ground(s) that that the examination of groups II and III can be made without serious burden. This is not found persuasive because as discussed in the restriction requirement 12/10/2025, the product as claimed can be used in a materially different process and thus, the inventions are distinct.
Claims 10-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 02/05/2026.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gosney et al. (Pub. No.: US 2024/0024554 A1).
Regarding claim 1, Gosney discloses (fig. 1) an extracorporeal blood circuit (operational unit 10, fig. 1) comprising:
A blood pump (62/cassette 58) comprising an inlet (input line 22), an outlet (return line 24), and a rotor positioned between the inlet and the outlet (fig. 13, ¶ 0074); and
A controller (14) comprising a memory device and a processing device coupled to the memory (the controller can be a computer, ¶ 0050), the controller configured to:
Drive rotation of the rotor (¶ 0103).
Gosney fails to disclose that the controller is configured to drive rotation of the rotor using a voltage waveform and a current waveform; and adjust a phase angle between the voltage waveform and the current waveform to generate reactive power, wherein the generated reactive power facilitates heating blood as the blood passes through the blood pump.
However, such limitation relates to the intended use of the system, which, in this case, imparts no further limitations on the structure of the device. Gosney discloses that the controller is configured to adjust a phase angle between a voltage waveform and a current waveform to generate reactive power (electrical energy, ¶ 0114). While Gosney does not explicitly disclose that the generated reactive power facilitates heating blood as the blood passes through the blood pump, Gosney’s disclosure of the generated reactive power being electrical energy implies that the generated reactive power results in a degree of heating. Thus, the controller of Gosney is capable of being configured to drive rotation of the rotor using a voltage waveform and a current waveform; and adjust a phase angle between the voltage waveform and the current waveform to generate reactive power, wherein the generated reactive power facilitates heating blood as the blood passes through the blood pump and using the device for this purpose requires only routine skill in the art (See § MPEP 2114 II).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modify controller of Gosney such that it is configured to drive rotation of the rotor using a voltage waveform and a current waveform; and adjust a phase angle between the voltage waveform and the current waveform to generate reactive power, wherein the generated reactive power facilitates heating blood as the blood passes through the blood pump, in order to facilitate pathogen neutralization (¶ 0114).
Regarding claim 2, Gosney fails to disclose wherein the generated reactive power facilitates heating the blood by approximately 2-3 degrees C as the blood passes through the blood pump.
However, Gosney discloses that the applied electrical energy is sufficiently great to neutralize the pathogen cell (¶ 0114). Thus, Gosney discloses that the applied electrical energy and thus the resulting heat is a result-effective variable and discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (See MPEP §2144.05). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to optimize the generated reactive power such that it facilitates heating the blood by approximately 2-3 degrees C as the blood passes through the blood pump in order to apply electrical energy sufficiently to neutralize the pathogen cell.
Absent any showing of critical or unexpected results, such limitations appear to be routine optimization within the skill of the ordinary artisan before the effective filing date of the invention are therefore prima facie obvious.
Regarding claim 3, Gosney discloses (fig. 9) wherein the blood pump further comprises and a plurality of coils (characterized by holding chambers, ¶ 0064), and wherein to drive rotation of the rotor, the controller is configured to drive current through the plurality of coils based on the voltage waveform and the current waveform (¶ 0103). Gosney further discloses that the blood pump can comprise a stator (¶ 0063) and therefore discloses the stator conducting a magnetic flux (¶ 0063).
Regarding claim 4, Gosney discloses wherein the generated reactive power heats the plurality of coils (electrical energy is applied to the holding chambers, ¶ 0078, thus resulting in heating of the plurality of coils).
Regarding claim 5, Gosney discloses a thermally conductive material (conducting layer) configured to channel heat form the plurality of coils to the blood (¶ 0079-¶ 0082).
Regarding claim 6, Gosney discloses at least one temperature sensor (91) configured to measure a temperature of the blood (¶ 0062).
Regarding claim 7, Gosney fails to explicitly disclose wherein the controller is configured to adjust the phase angle based on the measured temperature of the blood.
However, such limitation relates to the intended use of the system, which, in this case, imparts no further limitations on the structure of the device. Gosney discloses that the controller adjusts the temperature based on the measured temperature of the blood (¶ 0062). Further, as discussed in claim 1 above, Gosney makes obvious adjusting the phase angle. Thus, the controller of Gosney is capable of being configured to adjust the phase angle based on the measured temperature of the blood and using the device for this purpose requires only routine skill in the art (See § MPEP 2114 II).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the controller of Gosney such that it is configured to adjust the phase angle based on the measured temperature of the blood in order to control the amount of electrical energy based on the needs of the patient.
Regarding claim 8, Gosney fails to explicitly disclose wherein the controller is configured to adjust the phase angle based on a user input.
However, such limitation relates to the intended use of the system, which, in this case, imparts no further limitations on the structure of the device. Gosney discloses that the controller can be a computer (¶ 0050) and that the temperature may be maintained within a selected temperature (¶ 0055). Thus, Gosney discloses that the controller is capable of being configured to receive a user input. Thus, the controller of Gosney is capable of being configured to adjust the phase angle based on a user input and using the device for this purpose requires only routine skill in the art (See § MPEP 2114 II).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the controller such that it is configured to adjust phase angle based on a user input in order to tailor the treatment to the patient.
Regarding claim 9, Gosney discloses wherein the inlet of the blood pump is not axially aligned with the outlet of the blood pump (fig. 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Burbank et al. (Pub. No.: US 2017/0296727 A1) discloses an extracorporeal circuit having a blood pump. Olde et al. (Pub. No.: US 2013/0023776 A1) discloses an extracorporeal circuit having a blood pump.
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/MEAGAN NGO/Examiner, Art Unit 3781
/LESLIE R DEAK/Primary Examiner, Art Unit 3799 24 April 2026
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