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 .
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.
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.
Claim(s) 1, 6-7, 12-14, 20-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saotome (H. Saotome, T. Okada; Magnetic actuator intended for left ventricular assist system. J. Appl. Phys. 15 April 2006; 99 (8): 08R904. https://doi.org/10.1063/1.2170056).
With regards to claim 1, Saotome discloses a motion conversion apparatus (FIG 2A), comprising: a rotating member (FIG 2, Rotating magnet); and a translating member (FIG 2, Reciprocating magnet), wherein the rotating member and translating member are magnetically coupled, wherein the translating member translates in response to rotation of the rotating member (pg 2, right column, “Therefore, by rotating the left-hand magnet circumferentially, for example, pushing and pulling forces are exerted on the right-hand magnet”).
With regards to claim 6, Saotome discloses the apparatus of claim 1 wherein the translating member is substantially constrained from rotational movement (abstract, “the second magnet is limited to move in linear motion along its axis”), wherein the rotating member is substantially constrained from translational movement (abstract, “One magnet is limited to spin around its axis”).
With regards to claim 7, Saotome discloses a pump apparatus (FIG 2), comprising: a rotating member (FIG 2, Rotating magnet); a translating member (FIG 2, Reciprocating magnet); and a pumping chamber (see annotated figure), wherein the rotating member and translating member are magnetically coupled (pg 2, right column, “Therefore, by rotating the left-hand magnet circumferentially, for example, pushing and pulling forces are exerted on the right-hand magnet”), wherein the translating member translates to expel fluid from the pumping chamber in response to rotation of the rotating member (pg, right column, “Therefore, by rotating the left-hand magnet circumferentially, for example, pushing and pulling forces are exerted on the right-hand magnet …the linear motion is used for the pumping operation in the manner of a piston).
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With regards to claim 12, Saotome discloses the apparatus of claim 7 wherein the translating member is substantially constrained from rotational movement (abstract, “the second magnet is limited to move in linear motion along its axis”), wherein the rotating member is substantially constrained from translational movement (abstract, “One magnet is limited to spin around its axis”).
With regards to claim 13, Saotome discloses the apparatus of claim 7 wherein in response to reciprocating translation of the translating member the fluid is alternately drawn into and then expelled from the pumping chamber (abstract, “the circumferential rotation of one of the magnets produces reciprocating forces on the other magnet, causing it to move back and forth. This coupled action produces a pumping motion”).
With regards to claim 14, Saotome discloses a pump apparatus (FIG 2), comprising: a rotating member (FIG 2, Rotating magnet); a translating member (FIG 2, Reciprocating magnet), wherein the rotating member and translating member are magnetically coupled (pg 2, right column, “Therefore, by rotating the left-hand magnet circumferentially, for example, pushing and pulling forces are exerted on the right-hand magnet”); and a deformable pumping chamber (see annotated figure), wherein the translating member is coupled to the pumping chamber (FIG 2), wherein the translating member translates to displace fluid in the pumping chamber in response to rotation of the rotating member (pg, right column, “Therefore, by rotating the left-hand magnet circumferentially, for example, pushing and pulling forces are exerted on the right-hand magnet …the linear motion is used for the pumping operation in the manner of a piston).
With regards to claim 20, Saotome discloses the apparatus of claim 14, but fails to disclose wherein the fluid is blood (pg 2, right column, “the pump is applied to an artificial heart”, where an artificial heart uses blood as the fluid).
With regards to claim 21, Saotome discloses the apparatus of claim 14 adapted for use as a total artificial heart (pg 2, right column, “the pump is applied to an artificial heart”).
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.
Claim(s) 2-5, 8-11, 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saotome (H. Saotome, T. Okada; Magnetic actuator intended for left ventricular assist system. J. Appl. Phys. 15 April 2006; 99 (8): 08R904. https://doi.org/10.1063/1.2170056) in view of Wampler (20070231135).
With regards to claim 2, Saotome discloses the apparatus of claim 1, but fails to disclose wherein the rotating member carries a plurality, m, of permanent magnetic poles, wherein the translating member carries a plurality, n, of permanent magnetic poles, wherein m and n are even integers.
Wampler discloses a pump apparatus with two magnetically coupled rotating members (119, 124, [0005]). Wampler teaches the first member (119) carries a plurality, m, of permanent magnetic poles (FIG 15A, 15B), wherein the second member (124) carries a plurality, n, of permanent magnetic poles (FIG 15A, 15B), wherein m and n are even integers. While Wampler’s first and second members are rotationally coupled, and Saotome’s first member rotates and second member translate, the same magnetic mechanisms apply. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Saotome’s pump apparatus to include that the rotating member carries a plurality, m, of permanent magnetic poles, wherein the translating member carries a plurality, n, of permanent magnetic poles, wherein m and n are even integers, as taught by Wampler, in order to counter as least a portion of the axial load ([0135]).
With regards to claim 3, Saotome as modified by Wampler discloses the apparatus of claim 2 wherein m = n (FIG 15A).
With regards to claim 4, Saotome as modified by Wampler discloses the apparatus of claim 2 wherein m ≠ n (FIG 15B).
With regards to claim 5, Saotome as modified by Wampler discloses the apparatus of claim 2 wherein the m permanent magnetic poles are arranged substantially in circular form about a face of the rotating member (FIG 13A, 15A, 15B), wherein the n permanent magnetic poles are arranged substantially in circular form about a face of the translating member (FIG 13A, 15A, 15B).
With regards to claim 8, Saotome discloses the apparatus of claim 7 but fails to disclose wherein the rotating member carries a plurality, m, of permanent magnetic poles, wherein the translating member carries a plurality, n, of permanent magnetic poles, wherein m and n are even integers.
Wampler discloses a pump apparatus with two magnetically coupled rotating members (119, 124, [0005]). Wampler teaches the first member (119) carries a plurality, m, of permanent magnetic poles (FIG 15A, 15B), wherein the second member (124) carries a plurality, n, of permanent magnetic poles (FIG 15A, 15B), wherein m and n are even integers. While Wampler’s first and second members are rotationally coupled, and Saotome’s first member rotates and second member translate, the same magnetic mechanisms apply. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Saotome’s pump apparatus to include that the rotating member carries a plurality, m, of permanent magnetic poles, wherein the translating member carries a plurality, n, of permanent magnetic poles, wherein m and n are even integers, as taught by Wampler, in order to counter as least a portion of the axial load ([0135]).
With regards to claim 9, Saotome as modified by Wampler discloses the apparatus of claim 8 wherein m = n (FIG 15A).
With regards to claim 10, Saotome as modified by Wampler discloses the apparatus of claim 8 wherein m ≠ n (FIG 15B).
With regards to claim 11, Saotome as modified by Wampler discloses the apparatus of claim 8 wherein the m permanent magnetic poles are arranged substantially in circular form about a face of the rotating member (FIG 13A, 15A, 15B), wherein the n permanent magnetic poles are arranged substantially in circular form about a face of the translating member (FIG 13A, 15A, 15B).
With regards to claim 15, Saotome discloses the apparatus of claim 14, but fails to disclose wherein the rotating member carries a plurality, m, of permanent magnetic poles, wherein the translating member carries a plurality, n, of permanent magnetic poles, wherein m and n are even integers.
Wampler discloses a pump apparatus with two magnetically coupled rotating members (119, 124, [0005]). Wampler teaches the first member (119) carries a plurality, m, of permanent magnetic poles (FIG 15A, 15B), wherein the second member (124) carries a plurality, n, of permanent magnetic poles (FIG 15A, 15B), wherein m and n are even integers. While Wampler’s first and second members are rotationally coupled, and Saotome’s first member rotates and second member translate, the same magnetic mechanisms apply. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Saotome’s pump apparatus to include that the rotating member carries a plurality, m, of permanent magnetic poles, wherein the translating member carries a plurality, n, of permanent magnetic poles, wherein m and n are even integers, as taught by Wampler, in order to counter as least a portion of the axial load ([0135]).
With regards to claim 16, Saotome as modified by Wampler discloses the apparatus of claim 15 wherein m = n (FIG 15A).
With regards to claim 17, Saotome as modified by Wampler discloses the apparatus of claim 15 wherein m ≠ n (FIG 15B).
With regards to claim 18, Saotome as modified by Wampler discloses the apparatus of claim 15 wherein the m permanent magnetic poles are arranged substantially in circular form about a face of the rotating member (FIG 13A, 15A, 15B), wherein the n permanent magnetic poles are arranged substantially in circular form about a face of the translating member (FIG 13A, 15A, 15B).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saotome (H. Saotome, T. Okada; Magnetic actuator intended for left ventricular assist system. J. Appl. Phys. 15 April 2006; 99 (8): 08R904. https://doi.org/10.1063/1.2170056) in view of Shu (20120130484).
With regards to claim 19, Saotome discloses the apparatus of claim 14, but fails to disclose wherein the pumping chamber has a substantially spherical cap form factor when not deformed.
Shu discloses a pump apparatus with a magnet pumping mechanism ([0052]). Shu teaches that the pumping chamber has a substantially spherical cap form factor when not deformed ([0012]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Saotome’s pump apparatus to include that the pumping chamber has a substantially spherical cap form factor when not deformed, as taught by Shu, in order to have an air contact side and a blood contact side ([0012]).
Conclusion
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/R.F.N./Patent Examiner, Art Unit 3774
/MELANIE R TYSON/Supervisory Patent Examiner, Art Unit 3774
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