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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2-20 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without voltage measurement means, which is/are critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976).
Claims 2, 6, 11, and 18 state “wherein the instructions, when executed by the processor, further cause the processor to: apply, via the driving circuit, power to the valve to measure a voltage across the valve” which is unclear and therefore indefinite. It is unclear from the Claims and Specification how the processor measures voltage across the valve in this state.
Claims 3-5, 7-10, 12-17, and 19-20 are rejected based on their dependency.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3-16 and 20 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 and 19 requires that “the ramping down of the PWM signal causes the plunger to move in an opposite direction and in a manner in which sound generated by the corresponding plunger is reduced in comparison to operation without the PWM signal” which is unclear and therefore indefinite. It is unclear what means or method are utilized in the comparison claimed, as well as how the valve would operate (thereby creating noise) without the PWM signal, since the PWM signal cycles the valve.
Claims 4-16 and 20 are rejected based on their dependency.
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.
Claim(s) 1 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20100308243 A1 (Bedingfield).
Regarding Claims 1 and 5, Bedingfield teaches a medical fluid system (10) (Fig. 1) comprising:
a valve (20) configured to control a fluid flow in the medical fluid system (the valve acting on tube (14) which carries a fluid such as dialysate [0027]), wherein the valve comprises a housing (28), a solenoid coil (22), and a plunger (26), and wherein the valve is configured to activate a flow of fluid through a tube (14) by applying a voltage to the solenoid coil to move the plunger within the housing [0032];
a driving circuit (shown in Fig. 6) configured to control the valve of the medical fluid system via pulse width modulation (PWM) signals [0011], in response to control signals; and
a microcontroller (50) comprising a processor and a memory ([0011] describing the inclusion of a microprocessor, and memory being considered a necessarily present in programmed components), wherein the memory stores instructions that, when executed by the processor, cause the processor to:
transmit, to the driving circuit, a control signal causing the driving circuit to apply and ramp up a PWM signal to the solenoid coil of the valve [0039],
wherein the ramping up of the PWM signal causes the plunger to move slowly until it reaches an end position within the housing ([0033] describing a velocity close to zero), and
wherein the plunger moving slowly reduces sound generated by the plunger [0033];
wherein the valve, driving circuit, and the microcontroller are included in a peritoneal dialysis machine [0006].
Claim(s) 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20090213521 A1 (Bedingfield), hereinafter Bedingfield ‘521.
Regarding Claim 17, Bedingfield ‘521 teaches a method of controlling a valve (namely a solenoid valve [0036]), the method comprising:
transmitting, by a microcontroller (32) having a processor (30) [0038], a control signal for causing a driving circuit to apply and ramp up a PWM signal ([0044] describing ramping the PWN signal in actuation of the solenoid) to a solenoid coil (20) of a valve, wherein the valve is configured to activate a flow of fluid (being a medical pinch valve [0015]) by applying a voltage to the solenoid coil to move a plunger (24) within a housing (a housing being considered a component which will necessarily exist is some form to contain the solenoid and plunger) [0035],
“[W]herein the ramping up of the PWM signal causes the plunger to move slowly until it reaches an end position within the housing, and wherein the plunger moving slowly reduces sound generated by the plunger” is a statement of intended use that does not further limit the claimed invention. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997) [MPEP 2114]. Since the structure of the prior art teaches all structural limitations of the claim, the same is considered capable of meeting the intended use limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20230119157 A1 discloses a medical fluid system wherein PWM valve controls are used to reduce valve noise.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANS KALIHER whose telephone number is (303)297-4453. The examiner can normally be reached Monday-Friday 08:00-05:00 MT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HANS KALIHER/Examiner, Art Unit 3781
/ANDREW J MENSH/Primary Examiner, Art Unit 3781
Prosecution Insights