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 Objections
Claims 7, 8 are objected to because of the following informalities: Claim 7 recites “the at least on membrane”. Examiner suggests amending the recitation to “the at least one membrane”. Claim 8 recites “thermos electric”. Examiner suggests amending the recitation to “thermo electric”. Appropriate correction is required.
Claim Interpretation
Claims 13 and 22 both recite “the ultrasonic pump … configured as a centrifugal pump”. A centrifugal pump is commonly understood in the art as employing rotational forces to impart inertia to a fluid. There is no description in the specification regarding rotational forces. However the specification on page 15 recites:
The aggregate net momentum is the fluid movement from one to second side of ultrasonic pump. This view point complements the previous description and relates the ultrasonic pump to a type of pump category termed centrifugal pumps. As in a centrifugal pump, the pump action is facilitated by momentum transfer rather than by induced pressure. This implies larger flow rate than a comparable pressure ultrasonic pressure-based pumps that appear in the literature. A further advantage of a centrifugal pump is that there is no need for valves, virtual valves or uni-directional orifices and hence the previously mentioned channels may be reduced or even omitted in some non-limiting designs. In any case the pump action occurs even when one or more valve is partially closed and the required pump power is proportional to the actual flow. Another aspect distinguishing a centrifugal pump from a displacement pump is that the flow can be configured to be constant or slowly varying as opposed to a displacement pump where the flow is defined in quanta of the displaced volume.
The specification seems to equate a pump that flows directionally to a centrifugal pump. Examiner will treat a reference to “centrifugal pump” in this manner.
Claim Rejections - 35 USC § 102
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.
Claims 1-3, and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirata et al., U.S. Patent No. 9,506,464, patented on November 29, 2016 (Hirata).
As to Claim 1, Hirata discloses an ultrasonic pump [1] comprising: a mechanical layer with at least one membrane [3]; and an acoustic channel (formed by [5B] and [3A]; see Fig. 2), wherein a portion of the at least one membrane comprises [3A] at least a part of the acoustic channel so that a movement of the membrane [3A] changes the dimension of the acoustic channel (the membrane [3] bends upwardly and downwardly to change a dimension of the gap between [5B] and [3A]; col. 5, lines 19-39; see Figs. 3A and 3B); wherein the membrane [3] is configured to oscillate at ultrasonic frequencies and generate at least one audio signal (the membrane is driven in a non-audible range 20 kHz or higher; col. 7, lines 38-42).
As to Claim 2, Hirata remains as applied above to Claim 1. Hirata further discloses that the membrane [3] is configured to be actuated by any of: electrostatic force, piezoelectric force, electromagnetic force, thermal induced strain, thermo electric force or combinations of these forces (the membrane [3] is actuated by piezoelectric force; col. 4, lines 40-55).
As to Claim 3, Hirata remains as applied above to Claim 1. Hirata further discloses that a maximum excursion of the membrane [3] is at least any of: 0.5 micron, 1 micron, 2 micron, 4 micron, 10 micron, 100 micron (the membrane has a vibration amplitude that can range from several micrometers to several tens of micrometers; col. 5, lines 12-18).
As to Claim 7, Hirata discloses an ultrasonic pump [1] represented as a lumped element model comprising: at least one membrane [3] and a current source corresponding to a speed and area of the at one membrane [3]; an acoustic channel formed by [5B] and [3A]; see Fig. 2), wherein a portion of the at least one membrane [3] comprises at least a part of the acoustic channel so that a movement of the membrane [3] changes the dimension of the acoustic channel (the membrane [3] bends upwardly and downwardly to change a dimension of the gap between [5B] and [3A]; col. 5, lines 19-39; see Figs. 3A and 3B); an inductor with an inductance corresponding to the acoustic channel defined by at least a portion of the membrane [3]; a resistor with a resistance corresponding to the acoustic channel defined by at least a portion of the membrane [3] (the gap defined by [5B] and [3A] would inherently have its own acoustic inductance and resistance); a first impedance corresponding to the impedance on one side of the membrane [3] (the first impedance corresponds to the chamber [5] on the upper side of [3]; see Fig. 2); a second impedance corresponding to the impedance connected to acoustic channel (the second impedance corresponds to the chamber [5] on the lower side of [3] above hole [6A]; see Fig. 2); wherein the resistor and the inductor are connected in series and current source (a series connection of acoustic resistance and inductance would be inherent in an acoustic path; see Fig. 2), and inductor resistor pairs have a common connection wherein a movement of the at least one membrane [3] generates a modulated current flow where the modulated current flow corresponds ratio of impedances on both sides of the membrane [3] (the movement of membrane [3] changes the conduit cross section, and therefore changes at least the second acoustic impedance; col. 5, lines 19-39).
As to Claim 8, Hirata remains as applied above to Claim 7. Hirata further discloses that the at least one membrane [3] is configured to be actuated by any of: electrostatic force, piezoelectric force, electromagnetic force, thermal induced strain, thermo electric force or combinations of these forces (the membrane [3] is actuated by piezoelectric force; col. 4, lines 40-55).
As to Claim 9, Hirata remains as applied above to Claim 7. Hirata further discloses that a maximum excursion of the membrane [3] is at least any of: 0.5 micron, 1 micron, 2 micron, 4 micron, 10 micron, 100 micron (the membrane has a vibration amplitude that can range from several micrometers to several tens of micrometers; col. 5, lines 12-18).
Claims 1-2 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pinkerton et al., U.S. Patent No. 9,264,796, patented on February 16, 2016 (Pinkerton).
As to Claim 1, Pinkerton discloses (in Figs. 15, 16A, and 16B) an ultrasonic pump [1401] comprising: a mechanical layer with at least one membrane [801]; and an acoustic channel [1501] wherein a portion of the at least one membrane [801] comprises at least a part of the acoustic channel [1501] (see Fig. 15) so that a movement of the membrane [801] changes the dimension of the acoustic channel [1501] (deflection of the membrane [801] causes a volume of a channel to decrease or increase; col. 13, lines 21-49; see Figs. 16A and 16B); wherein the membrane [801] is configured to oscillate at ultrasonic frequencies (the membrane is actuated at 1 MHz; col. 14, lines 5-111) and generate at least one audio signal (col. 14, lines 13-18).
As to Claim 2, Pinkerton remains as applied above to Claim 1. Pinkerton further discloses that the membrane [801] is configured to be actuated by any of: electrostatic force, piezoelectric force, electromagnetic force, thermal induced strain, thermo electric force or combinations of these forces (the membrane [801] is actuated by electrostatic force; col. 20, lines 21-23).
As to Claim 4, Pinkerton remains as applied above to Claim 1. Pinkerton further discloses that a mechanical resonance frequency of the membrane is any of: 100-200 KHz; 200-400 KHz; 400-600 KHz; above 600 KHz (the mechanical resonance frequency of the membrane is 1 MHz, which is above 600 KHz; col 14, lines 1-4).
Claims 12-16, 18, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Schelling, WIPO Publication No. 2023/066630, effectively filed on October 20, 2021 (Schelling) (English machine translation provided).
As to Claim 12, Schelling discloses an ultrasonic pump [10] comprising; at least two membranes [M1, M2]; a volume of fluid at least partially enclosed by a first [M2] and a second [M1] membrane of the at least two membranes [M1, M2] and providing fluidic coupling between the first [M2] and the second [M1] membrane (see Fig. 1); a first fluid conduit [PF2] at least partially defined by a portion of the first membrane [M2]; and a second fluid conduit [PFB] at least partially defined by a portion of the first membrane [M2] (see Fig. 1); wherein the first membrane [M2] and/or a second membrane [M1] are configured to be actuated independently to move at ultrasonic rates (the membranes are driven at different ultrasonic frequencies; para. 0051) and induce fluid flow through the first fluid conduit [PF2], second fluid conduit [PFB] and a cavity [K] (para. 0050, see Fig. 1).
As to Claim 13, Schelling remains as applied above to Claim 12. Schelling further discloses the ultrasonic pump [10] configured as a centrifugal pump (the membranes can be driven with the same frequency, but with a phase offset; para. 0074).
As to Claim 14, Schelling remains as applied above to Claim 13. Schelling further discloses that the ultrasonic pump comprises a plurality of first and second membranes (the components [10] can be arranged in an array; para. 0055).
As to Claim 15, Schelling remains as applied above to Claim 12. Schelling further discloses that each membrane [M1, M2] comprises of any of: conductive material; piezo electric material; electrically resistive material (the membranes comprise a piezoelectric material; para. 0046).
As to Claim 16, Schelling remains as applied above to Claim 12. Schelling further discloses that each membrane [M1, M2] is configured to be actuated using: electrostatic; piezo electric or thermoelectric actuation (the membranes are actuated by piezoelectric actuation; para. 0049).
As to Claim 18, Schelling remains as applied above to Claim 12. Schelling further discloses that the actuation of a membrane [M1, M2] is any of: harmonic, quasi harmonic, narrow band modulated, periodic, nonperiodic (the actuation of the membrane is harmonic, with M1 and M2 vibrated at different ultrasonic frequencies, one of the membranes are driven with a modulated ultrasonic signal; para. 0051).
As to Claim 20, Schelling remains as applied above to Claim 12. Schelling further discloses that the actuation of any of a first membrane [M2], a second membrane [M1], or combinations of membranes [M1, M2] is any of: harmonic; quasi harmonic; narrow band modulated; periodic (the actuation of the membrane is harmonic, with M1 and M2 vibrated at different ultrasonic frequencies, one of the membranes are driven with a modulated ultrasonic signal; para. 0051) and configured as a volume velocity acoustic source (a pulsed fluid flow with a beat frequency in the acoustically audible range is generated; para. 0049).
Claims 21-24 and 26-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Elyada, U.S. Patent No. 9,736,595, patented on August 15, 2017 (Elyada).
As to Claim 21, Elyada discloses an ultrasonic pump [300] comprising: at least one membrane [301]; and a fluid conduit (space between [301] and [302]; see Figs. 4a-4c) at least partially defined by a portion of a first membrane [301] of the at least one membrane [301], wherein the fluid conduit, length and or cross section changes as a result of the first membrane [301] movement (the space between membrane [301] and [302] changes as a result of membrane [301] movement; see Figs. 4a-4c), wherein the first membrane [301] is configured to be actuated to move at ultrasonic rates (col. 3, lines 50-55), and induce fluid flow from one side of the membrane [301] through the fluid conduit to a second side of the membrane [301] at a lower rate than the ultrasonic rate of movement of the membrane [301] (the ultrasonic movement of membrane [301] results in an air flow at an audio signal frequency; col. 5, lines 34-40).
As to Claim 22, Elyada remains as applied above to Claim 21. Elyada further discloses the ultrasonic pump configured as a centrifugal pump [500] (air [506] is pumped in one direction; col. 6, lines 49-58; see Fig. 6a).
As to Claim 23, Elyada remains as applied above to Claim 21. Elyada further discloses that the ultrasonic pump comprises a plurality of membranes [301, 303] (see Fig. 4a).
As to Claim 24, Elyada remains as applied above to Claim 21. Elyada further discloses that the at least one membrane [301] comprises of any of: conductive material; piezo electric material; electrically resistive material (the membrane [301] can be actuated piezoelectrically; col. 10, lines 65-67).
As to Claim 26, Elyada remains as applied above to Claim 21. Elyada further discloses that the fluid flow is time varying at any rate from constant flow to at least 50,000 Hz (the fluid flow is moving at audio signal frequencies, which are inherently between a 0 Hz constant flow and 50 kHz; col. 5, lines 34-40).
As to Claim 27, Elyada remains as applied above to Claim 21. Elyada further discloses that the ultrasonic pump [30] is configured as a volume velocity acoustic source (the ultrasonic pump [30] creates air flow vibrations; col. 5, lines 34-36).
Claims 1, 5, 21, 25, and 28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Margalit, U.S. Publication No. 2021/0067865, published on March 4, 2021 (Margalit).
As to Claim 1, Margalit discloses an ultrasonic pump comprising: a mechanical layer with at least one membrane [305]; and an acoustic channel (space between overlapping portions of [305] and [303]; para. 0048, lines 8-21; see Fig. 3D), wherein a portion of the at least one membrane [305] comprises at least a part of the acoustic channel so that a movement of the membrane [305] changes the dimension of the acoustic channel (the impedance behind membrane [305] is varied; para. 0074, lines 41-56); wherein the membrane [305] is configured to oscillate at ultrasonic frequencies (the membrane [305] is a shutter that moves at a frequency [Ω]; para. 0039; para. 0043, lines 6-8; which is an ultrasonic frequency; para. 0036, lines 1-5; para. 0037) and generate at least one audio signal (acoustic modulation by varying the dimensions of the channel results in a lower frequency audio signal; para. 0077).
As to Claim 5, Margalit remains as applied above to Claim 1. Margalit further discloses that the membrane [305] oscillation includes at least two ultrasonic frequencies (an additional ultrasonic frequency that is twice the modulation frequency is created; para. 0040-0041).
As to Claim 21, Margalit discloses an ultrasonic pump comprising: at least one membrane [305]; and a fluid conduit (space between overlapping portions of [305] and [303]; para. 0048, lines 8-21; see Fig. 3D) at least partially defined by a portion of a first membrane [305] of the at least one membrane [305], wherein the fluid conduit, length and or cross section changes as a result of the first membrane [305] movement (the impedance behind membrane [305] is varied by a change in dimensions; para. 0074, lines 41-56), wherein the first membrane is configured to be actuated to move at ultrasonic rates (the membrane [305] is a shutter that moves at a frequency [Ω]; para. 0039; para. 0043, lines 6-8; which is an ultrasonic frequency; para. 0036, lines 1-5; para. 0037), and induce fluid flow from one side of the membrane [305] through the fluid conduit to a second side of the membrane [305] at a lower rate than the ultrasonic rate of movement of the membrane [305] (the impedance behind membrane [305] is varied to modulate the flow from an ultrasound source; para. 0074, lines 41-56; the acoustic modulation results in a lower frequency audio signal; para. 0077).
As to Claim 25, Margalit remains as applied above to Claim 21. Margalit further discloses that the fluid conduit length (space between overlapping portions of [305] and [303]; para. 0048, lines 8-21; see Fig. 3D) is larger than any of: 100 nanometer, 1 micron, 5 micron, 10 micron, 50 micron (the overlap defines the path length, which is 10-20 micron; para. 0048).
As to Claim 28, Margalit discloses an ultrasonic pump represented as a lumped element model comprising: at least one membrane [305]; a current source corresponding to the speed and area of a membrane [305] (a moving membrane will inherently have a speed and area); an inductor with an inductance determined by the acoustic channel (space between overlapping portions of [305] and [303]; para. 0048, lines 8-21; see Fig. 3D) defined by a membrane [305] and a base structure [303]; a resistor with a resistance determined by the acoustic channel (space between overlapping portions of [305] and [303]; para. 0048, lines 8-21; see Fig. 3D) defined by a membrane [305] and a base structure [303] or membrane (the space defined by [305] and [302] would inherently have its own acoustic inductance and resistance); a capacitor with a capacitance defined by the volume at least partially enclosed by the membrane [305] (the free volume enclosed by membrane [305]; base structure [303] and second membrane [301] form a capacitance; see Fig. 3D); acoustic impedances representing acoustic elements on either side of the membrane [301] (above membrane [305], the impedance is the acoustic medium [1135]; see Fig. 11C, and below membrane [305] the impedance includes the acoustic channel; see Fig. 3D) wherein movement of the membrane [301] generates current oscillating at ultrasonic rates (the membrane [305] is a shutter that moves at a frequency [Ω]; para. 0039; para. 0043, lines 6-8; which is an ultrasonic frequency; para. 0036, lines 1-5; para. 0037) and modulates the current by the time varying ratio of impedances to generate a portion of the current oscillating at rates lower than the membrane movement (the impedance behind membrane [305] is varied to modulate the flow from an ultrasound source; para. 0074, lines 41-56; the acoustic modulation results in a lower frequency audio signal; para. 0077).
Claims 12, 17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ganti et al., U.S. Patent No. 10,788,034, patented on September 29, 2020 (Ganti).
As to Claim 12, Ganti discloses (in Fig. 5A) an ultrasonic pump comprising; at least two membranes [510, 580]; a volume of fluid at least partially enclosed by a first [510] and a second [580] membrane of the at least two membranes [510, 580] and providing fluidic coupling between the first [510, 580] and the second membrane [580] (the fluidic coupling between membranes [510] and [580] is through [519]; see Fig. 5A); a first fluid conduit [514] at least partially defined by a portion of the first membrane [510]; and a second fluid conduit ([514] on other side) at least partially defined by a portion of the first membrane [510] (col. 13, lines 7-9); wherein the first membrane [510] and/or a second membrane [580] are configured to be actuated independently to move at ultrasonic rates (the membranes are driven out of phase at similar ultrasonic frequencies; col. 13, line 67 – col. 14, lines 1-6) and induce fluid flow through the first fluid conduit [514], second fluid conduit [514] and a cavity (between elements [541]; see Fig. 5A).
As to Claim 17, Ganti remains as applied above to Claim 12. Ganti further discloses that each fluid conduit [514] length is larger than any of: 100 nanometer, 1 micron, 5 micron, 10 micron, 50 micron (the thickness of the first membrane [510] that defines conduit [514] is similar to first membrane [210] in Fig. 2; col. 13, lines 15-21; which has a thickness of between 10 and 25 microns; col. 9, lines 20-26).
As to Claim 19, Ganti remains as applied above to Claim 12. Ganti further discloses that the fluid flow is time varying at any rate from constant flow to at least 40,000 Hz (the fluid flows according to the actuation of membranes [510] and [580]; col. 13, lines 41-67; the membranes are actuated at ultrasonic speeds of 15 kHz; col. 14, lines 4-6; col. 10, lines 21-23).
Claims 1-2, 6-8, 11, 21, 24 and 27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lutz, U.S. Patent No. 7,667,370, patented on February 23, 2010 (Lutz).
As to Claim 1, Lutz discloses an ultrasonic pump [1] comprising: a mechanical layer with at least one membrane [14]; and an acoustic channel [24], wherein a portion of the at least one membrane [14] comprises at least a part of the acoustic channel so that a movement of the membrane [14] changes the dimension of the acoustic channel [24] (the membrane is movable in a direction along [16], which would change the volume of the acoustic channel [24]; col. 5, lines 40-42; see Fig. 1); wherein the membrane [14] is configured to oscillate at ultrasonic frequencies (the membrane [14] vibrates ultrasonically; col. 5, lines 40-42) and generate at least one audio signal (the movement of membrane [14] creates an airflow [15] that changes with an amplitude variation of the movement which results in an audio frequency signal; col. 6, lines 39-46).
As to Claim 2, Lutz remains as applied above to Claim 1. Lutz further discloses that the membrane [14] is configured to be actuated by any of: electrostatic force, piezoelectric force, electromagnetic force, thermal induced strain, thermo electric force or combinations of these forces (the membrane [14] is actuated by piezoelectric force; col. 5, lines 37-40).
As to Claim 6, Lutz remains as applied above to Claim 1. Lutz further discloses that the membrane [14] oscillation includes at least a first periodic signal [CS] with a base frequency [fUS] (col. 5, lines 48-52) configured to correspond to a membrane resonance frequency [fres] and second signal [2] corresponding to an audio signal [SUF] modulated with an ultrasound carrier [CS] (52-63).
As to Claim 7, Lutz discloses (in Fig. 1) an ultrasonic pump [1] represented as a lumped element model comprising: at least one membrane [14] and a current source corresponding to a speed and area of the at one membrane [14]; an acoustic channel [24], wherein a portion of the at least one membrane [14] comprises at least a part of the acoustic channel so that a movement of the membrane [14] changes the dimension of the acoustic channel (the membrane is movable in a direction along [16], which would change the volume of the acoustic channel [24]; col. 5, lines 40-42; see Fig. 1); an inductor with an inductance corresponding to the acoustic channel defined by at least a portion of the membrane [14]; a resistor with a resistance corresponding to the acoustic channel defined by at least a portion of the membrane [14] (any acoustic path would inherently have its own acoustic inductance and resistance); a first impedance corresponding to the impedance on one side of the membrane [14] (the first impedance corresponds to the chamber [23] on the upper side of [14]; see Fig. 1); a second impedance corresponding to the impedance connected to acoustic channel (the second impedance corresponds to the chamber [24] on the lower side of [14]; see Fig. 1); wherein the resistor and the inductor are connected in series and current source (a series connection of acoustic resistance and inductance would be inherent in an acoustic path; see Fig. 1), and inductor resistor pairs have a common connection wherein a movement of the at least one membrane [14] generates a modulated current flow [15] where the modulated current flow corresponds ratio of impedances on both sides of the membrane [14] (the movement of membrane [14] creates an airflow [15] that changes with an amplitude variation of the movement; col. 6, lines 39-46; the airflow [15] is between the two impedances of [23] and [24]; see Fig. 1).
As to Claim 8, Lutz remains as applied above to Claim 7. Lutz further discloses that the at least one membrane [14] is configured to be actuated by any of: electrostatic force, piezoelectric force, electromagnetic force, thermal induced strain, thermo electric force or combinations of these forces (the membrane [14] is actuated by piezoelectric force; col. 5, lines 37-40).
As to Claim 11, Lutz remains as applied above to Claim 7. Lutz further discloses that the membrane [14] oscillation includes at least a first periodic signal [CS] with a base frequency [fUS] (col. 5, lines 48-52) configured to correspond to a membrane resonance frequency [fres] and second signal [2] corresponding to an audio signal [SUF] modulated with an ultrasound carrier [CS] (52-63).
As to Claim 21, Lutz discloses (in Fig. 1) an ultrasonic pump [1] comprising: at least one membrane [14]; and a fluid conduit [24] at least partially defined by a portion of a first membrane [14] of the at least one membrane [14], wherein the fluid conduit [24], length and or cross section changes as a result of the first membrane [14] movement (the membrane is movable in a direction along [16], which would change the volume of the fluid conduit [24]; col. 5, lines 40-42; see Fig. 1), wherein the first membrane [17] is configured to be actuated to move at ultrasonic rates (the membrane [14] vibrates ultrasonically; col. 5, lines 40-42), and induce fluid flow from one side of the membrane [14] through the fluid conduit [24] to a second side of the membrane [14] at a lower rate than the ultrasonic rate of movement of the membrane [14] (the movement of membrane [14] creates an airflow [15] that changes with an amplitude variation of the movement; col. 6, lines 39-46).
As to Claim 24, Lutz remains as applied above to Claim 21. Lutz further discloses that the at least one membrane [14] comprises of any of: conductive material; piezo electric material; electrically resistive material (the membrane [14] comprises a piezoelectric material; col. 5, lines 37-40).
As to Claim 27, Lutz remains as applied above to Claim 21. Lutz further discloses that the ultrasonic pump [1] is configured as a volume velocity acoustic source (airflow with a varying velocity is generated by the ultrasonic pump [1]; col. 4, lines 29-37).
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.
Claims 4, 10 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Lutz, U.S. Patent No. 7,667,370, patented on February 23, 2010 (Lutz).
As to Claim 4, Lutz remains as applied above to Claim 1. Lutz does not explicitly disclose a particular mechanical resonance frequency of the membrane, specifically that a mechanical resonance frequency of the membrane is any of: 100-200 KHz; 200-400 KHz; 400-600 KHz; above 600 KHz. However, Lutz does disclose that the membrane should be operated in the region of its resonance frequency (col. 6, lines 3-16). Lutz further discloses operating the membrane at 4 MHz (col. 5, lines 28-34). Lutz’s teaching of matching the resonance of the membrane to the operating frequency of 4 MHz would require a membrane having a similar resonance frequency. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention, to provide a membrane with a mechanical resonance frequency above 600 KHz.
As to Claim 10, Lutz remains as applied above to Claim 7. Lutz does not explicitly disclose a particular mechanical resonance frequency of the membrane, specifically that a mechanical resonance frequency of the membrane is any of: 100-200 KHz; 200-400 KHz; 400-600 KHz; above 600 KHz. However, Lutz does disclose that the membrane should be operated in the region of its resonance frequency (col. 6, lines 3-16). Lutz further discloses operating the membrane at 4 MHz (col. 5, lines 28-34). Lutz’s teaching of matching the resonance of the membrane to the operating frequency of 4 MHz would require a membrane having a similar resonance frequency. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention, to provide a membrane with a mechanical resonance frequency above 600 KHz.
As to Claim 26, Lutz remains as applied above to Claim 21. Lutz discloses that the fluid flow is time varying at any rate from constant flow to at least 20,000 Hz (the fluid flow varies at a rate FA1, which is in the range from 0 Hz to 20,000 Hz; col. 4, lines 34-41). Lutz does not explicitly disclose that the fluid flow varies to at least 50,000 Hz. However, Lutz does disclose that frequencies above 20,000 Hz are possible, up to a frequency of half the ultrasound carrier frequency (col. 3, lines 10-16). Lutz further discloses an ultrasound carrier frequency of 4 MHz (col. 5, lines 28-34). Based on this teaching, one of ordinary skill in the art would have been motivated to use the available bandwidth for increasing a reproducible frequency range to at least 50,000 Hz, which is well below the 2,000,000 Hz that would be allowed with a 4 MHz carrier. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of Applicant’s invention, to provide an upper limit of 50,000 Hz in the ultrasonic pump of Lutz.
Conclusion
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/RYAN ROBINSON/Primary Examiner, Art Unit 2694