DETAILED ACTION
Non-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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4 March 2026 has been entered.
Response to Amendment
The amendment filed 4 March 2026 has been entered. Claims 1-15 remain pending in the application.
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 9-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 9 recites the limitation “a pressure sensor... arranged upstream of the pump”. Paragraphs 23 and 40 of the specification recite that the pressure sensor is located downstream of the pump. Paragraphs 41 and 43 of the specification recite that the pump is positioned upstream of the pressure sensor. All of the figures show the pressure sensor being located downstream of the pump.
For purposes of examination, the limitation will be interpreted as it has been disclosed throughout the specification, namely the sensor is located downstream of the pump.
Claims 10-15 are rejected based upon their dependence from claim 9.
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 Worthington (U.S. Patent 8,844,503), 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; and
the heating element being a part of the filter.
However, Worthington teaches positioning a single pressure sensor 26 being positioned between a filter 104 and a pump 20 (FIG. 1-2; Col. 3 ln 1-23).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Lilly by making the sensor be a pressure sensor, as taught by Worthington, 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; and
the heating element being a part of the filter.
However, Worthington teaches positioning a single pressure sensor 26 being positioned between a filter 104 and a pump 20 (FIG. 1-2; Col. 3 ln 1-23).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Lilly by making the sensor be a pressure sensor, as taught by Worthington, 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 4 March 2026, with respect to the rejection(s) of claim(s) 1 and 9 under 35 U.S.C. 103 as being unpatentable over Lilly in view of Wyhler have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of 35 U.S.C. 103 as being unpatentable over Lilly in view of Worthington, in further view of Wyhler.
As set forth above, Worthington teaches a single pressure sensor positioned in a fluid line with a pump and filter. Lilly discloses the use of a single sensor positioned between the filter and the pump. Worthington teaches that a single pressure sensor can be utilized within a fluid line containing a filter and a pump.
Conclusion
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/CHRISTOPHER D BALLMAN/Examiner, Art Unit 3753
/CRAIG M SCHNEIDER/Supervisory Patent Examiner, Art Unit 3753