DETAILED ACTION
Final Rejection
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 .
Response to Amendment
The amendment filed 2 July 2026 has been entered. Claims 1-15 remain pending in the application.
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.
Claims 1-5 and 7-15 are rejected under 35 U.S.C. 103 as being unpatentable over Lilly (U.S. Patent 6,474,289) in view of Aoki (U.S. Patent Publication 2012/0255521), in further view of Wyhler (U.S. Patent 10,744,428).
Regarding claim 1, Lilly discloses a fluidic system 20, comprising a single sensor 56 a pressure sensor 56 (Col. 7 ln 28-34, a differential pressure transducer (which can be used as sensor 56) requires the sensor to be located upstream and downstream of the element that the pressure drop is being measured across, in this instance the filter) which is arranged between a pump 24 for moving a fluid in a fluid path and a filter 30a/30b and a heating element 74 (FIG. 1; Col. 4 ln 29-Col. 5 ln 7).
Lilly is silent regarding the sensor being a single pressure sensor which measures the fluid pressure downstream of the pump and upstream of the filter; and
the heating element being a part of the filter.
However, Aoki teaches positioning a single pressure sensor 5 upstream of a filter 21 and downstream of a pump 8 such that the sensor measures the pressure between the pump and filter (FIG. 1; Paragraph 17).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Lilly by positioning a single pressure sensor downstream of the pump and upstream from the filter, as taught by Aoki, for the purpose of measuring the pressure at a position that provides operational information to the controller in order to achieve the desired flow characteristics.
Furthermore, Wyhler teaches a filter 10 comprising a heating element in the form of a heating foil 52 (FIG. 3; Col. 6 ln 13-30).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Lilly by positioning the heating element within the filter in the form of a heatable foil, as taught by Wyhler, since it has been held that mere relocation of an element would not have modified the operation of the device and it has been held that use of suitable equivalent structures involves only routine skill in the art.
Regarding claim 2, Lilly, as modified above, discloses the claimed invention substantially as claimed, as set forth above in claim 1.
Lilly further discloses the system comprises a plurality of parallel arranged filters (FIG. 1).
Regarding claim 3, Lilly, as modified above, discloses the claimed invention substantially as claimed, as set forth above in claim 1.
Lilly further discloses a temperature sensor 58 which is electrically connected to a controller 50 for controlling the temperature of the respective filter by adjusting the heating element to a defined temperature (FIG. 1; Col. 7 ln 21-56).
Lilly is silent regarding the temperature sensor being located within the filter.
It would have been obvious to one of ordinary skill in the art at the time of filing, to modify Lilly by positioning the temperature sensor within the filter, since it has been held that mere relocation of an element would not have modified the operation of the device.
Regarding claim 4, Lilly, as modified above, discloses the claimed invention substantially as claimed, as set forth above in claim 1.
Lilly/Wyhler further teaches the filter comprises a heatable foil 52 for heating (Wyhler FIG. 1, 3; Col. 5 ln 58-Col. 6 ln 30).
Regarding claim 5, Lilly, as modified above, discloses the claimed invention substantially as claimed, as set forth above in claim 4.
Lilly further discloses a controller 50 comprises stored data of the solubility of fluids which serves as set points for heating of the filter (FIG. 5; Col. 9 ln 10-Col. 10 ln 5).
Regarding claim 7, Lilly, as modified above, discloses the claimed invention substantially as claimed, as set forth above in claim 3.
Lilly further discloses the pressure sensor is connected to the controller for transmitting measured pressures, and wherein the controller is connected to the pump for stopping the fluid flow in case of a measured pressure above a defined threshold (Col. 7 ln 57-Col. 8 ln 13).
Regarding claim 8, Lilly, as modified above, discloses the claimed invention substantially as claimed, as set forth above in claim 1.
Lilly further discloses the filter is insulated (by the body 32) (FIG. 1).
Regarding claim 9, Lilly discloses a method for moving of a fluid in a fluid path of a fluidic system, comprising the steps of:
- Providing the fluid to the fluidic path;
- Moving the fluid in a defined direction with a pump 24;
- Sensing the pressure in the fluidic path with a single sensor 56 which is arranged downstream of the pump;
- Heating the fluid in the fluidic path in a filter 30a/30b a heating element 74 which is arranged downstream of the pressure sensor;
- Providing the filtered fluid downstream of the filter (FIG. 1; Col. 4 ln 29-Col. 5 ln 7).
Lilly is silent regarding the sensor being a single pressure sensor positioned downstream of the pump and upstream of the filter; and
the heating element being a part of the filter.
However, Aoki teaches positioning a single pressure sensor 5 upstream of a filter 21 and downstream of a pump 8 such that the sensor measures the pressure between the pump and filter (FIG. 1; Paragraph 17).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Lilly by positioning a single pressure sensor downstream of the pump and upstream from the filter, as taught by Aoki, for the purpose of measuring the pressure at a position that provides operational information to the controller in order to achieve the desired flow characteristics.
Furthermore, Wyhler teaches a filter 10 comprising a heating element in the form of a heating foil 52 (FIG. 3; Col. 6 ln 13-30).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Lilly by positioning the heating element within the filter in the form of a heatable foil, as taught by Wyhler, since it has been held that mere relocation of an element would not have modified the operation of the device and it has been held that use of suitable equivalent structures involves only routine skill in the art.
Regarding claim 10, Lilly, as modified above, discloses the claimed invention substantially as claimed, as set forth above in claim 9.
Lilly/Wyhler further teaches the fluid is heated in the filter by a heatable foil 52 (Wyhler FIG. 1, 3; Col. 5 ln 58-Col. 6 ln 30).
Regarding claim 11, Lilly, as modified above, discloses the claimed invention substantially as claimed, as set forth above in claim 9.
Lilly further discloses a temperature sensor 58 of the filter is connected to a controller 50 for measuring the temperature in the filter (FIG. 1; Col. 7 ln 21-56).
Lilly is silent regarding the temperature sensor being located within the filter.
It would have been obvious to one of ordinary skill in the art at the time of filing, to modify Lilly by positioning the temperature sensor within the filter, since it has been held that mere relocation of an element would not have modified the operation of the device.
Regarding claim 12, Lilly, as modified above, discloses the claimed invention substantially as claimed, as set forth above in claim 11.
Lilly further discloses the heating elements of the filter are connected to the controller for adjusting the filter to a defined temperature depending on the measured temperature in the filter (FIG. 1; Col. 7 ln 21-56).
Regarding claim 13, Lilly, as modified above, discloses the claimed invention substantially as claimed, as set forth above in claim 12.
Lilly further discloses the defined temperature is adjusted to the solubility of the fluid in the fluidic path (FIG. 5; Col. 9 ln 10-Col. 10 ln 5).
Regarding claim 14, Lilly, as modified above, discloses the claimed invention substantially as claimed, as set forth above in claim 12.
Lilly further discloses the controller comprises a set of data comprising the solubility of fluids and uses the set of data for adjusting the temperature of the filter to the solubility of the fluid present in the fluidic path (FIG. 5; Col. 7 ln 57-Col. 8 ln 13, Col. 9 ln 10-Col. 10 ln 5).
Regarding claim 15, Lilly, as modified above, discloses the claimed invention substantially as claimed, as set forth above in claim 9.
Lilly further discloses the step of stopping the pump which is connected to the controller, when the pressure sensor which is connected to a controller 50 transmits data of a pressure in the fluidic path exceeding or falling below a defined threshold (Col. 7 ln 57-Col. 8 ln 13).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Lilly in view of Wyhler in further view of Strombach (U.S. Patent Publication 2020/0047299).
Regarding claim 6, Lilly, as modified above, discloses the claimed invention substantially as claimed, as set forth above in claim 1.
Lilly is silent regarding a vibrating actuator is attached to the filter or each filter of a plurality of filters.
However, Strombach teaches a vibrating actuator is attached to the filter or each filter of a plurality of filters (paragraph 25).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Lilly by adding a vibrating actuator to the filter, as taught by Strombach, for the purpose of dislodging any particulates that may get stuck in the filter.
Response to Arguments
Applicant’s arguments, see page 6 of applicant’s response, filed 2 July 2026, with respect to the rejection(s) of claim(s) 1 and 9 under 35 U.S.C. 103 as being unpatentable over Lilly (U.S. Patent 6,474,289) in view of Worthington (U.S. Patent 8,844,503), in further view of Wyhler (U.S. Patent 10,744,428) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection, necessitated by amendment, is made in view of 35 U.S.C. 103 as being unpatentable over Lilly (U.S. Patent 6,474,289) in view of Aoki (U.S. Patent Publication 2012/0255521), in further view of Wyhler (U.S. Patent 10,744,428).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER D BALLMAN whose telephone number is (571)272-9984. The examiner can normally be reached Mon-Fri 6:00-3:00.
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/CHRISTOPHER D BALLMAN/Examiner, Art Unit 3753
/CRAIG M SCHNEIDER/Supervisory Patent Examiner, Art Unit 3753
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