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 § 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) 2-4, 7-15 & 17-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jepsen (US WO 2012/024493).
2.
An implantable blood pump comprising:
E.G. element 100 (Fig 2).
a pump housing defining a first internal compartment;
E.G. via the disclosed housing 110 defined by a peripheral wall 116 [(pp. 5, lines 22-28) & (Fig 2)].
a removable cap mounted to the pump housing and defining a second internal compartment, wherein the removable cap comprises a removable cap outer wall and a removable cap inner wall,
E.G. via the disclosed removable cap 118 which defines a volute 107, via the peripheral wall 116 that is in fluid communication with the outlet opening 105, wherein said cap further comprises an inner surface 118a and an outwardly-extending second face 113 and said peripheral wall 116 encloses an internal component 117 that surrounds the dividing wall 115 [(pp. 5, lines 22-33)-(pp. 6, lines 1-3) & (Fig 2)].
Note: The examiner is interpreting the disclosed internal component 117 that is enclosed by the peripheral wall 116 as being the claimed second internal component.
wherein the pump housing and the removable cap define a blood flow passage that extends from a blood flow inlet to a blood flow outlet, and wherein the removable cap inner wall defines a portion of the blood flow passage;
E.G. via the disclosed outlet opening 105 that is in ‘engagement’ with the peripheral wall 116 and inner surface 118a [(pp. 5, lines 22-33)-(pp. 6, lines 1-3) & (Fig 2)].
a rotor disposed within the blood flow passage; a motor stator configured for inducing rotation of the rotor within the blood flow passage;
E.G. via element 140 and 120 [(pp. 5, lines 9-21) & (Fig. 2)].
a control electronics disposed within the second internal compartment and configured for supplying drive currents to the motor stator, wherein the control electronics are thermally coupled with the removable cap inner wall to produce more heat transfer from the control electronics to the removable cap inner wall than to the removable cap outer wall.
E.G. via the disclosed electronics 130 and circuit boards 131 that are disposed in the internal component 117 about the dividing wall 115, wherein the internal compartment 117 is sized to accommodate said electronics and circuit boards and for heat dissipation (pp. 6, lines 4-18).
Note: The examiner is interpreting the claim language “…control electronics are thermally coupled with the removable cap inner wall to produce more heat transfer…” as being intended use language, and as long as the prior art is capable of providing the ‘heat transfer’ the claim limitation is met.
3.
The implantable blood pump of claim 2, wherein a potting material surrounds the control electronics.
E.G. (pp. 6, line 12-15).
4.
The implantable blood pump of claim 3, wherein the control electronics are disposed closer to the removable cap inner wall than to the removable cap outer wall.
E.G. Fig 2.
7.
The implantable blood pump of claim 2, wherein the rotor comprises impeller blades disposed within a volute-shaped portion of the blood flow passage.
E.G. via the disclosed impeller blades 143 disposed within the volute defined by the cap’s inner surface 118a [(pp. 5, lines 18-21), (pp. 6, lines 1-3) & (Fig 2)].
8.
The implantable blood pump of claim 7, wherein the removable cap inner wall defines a portion of the volute-shaped portion of the blood flow passage.
E.G. via the disclosed impeller blades 143 disposed within the volute defined by the cap’s inner surface 118a [(pp. 5, lines 18-21), (pp. 6, lines 1-3) & (Fig 2)].
9.
The implantable blood pump of claim 8, wherein the removable cap defines the blood flow outlet.
E.G. via the disclosed outlet opening 105 [(pp. 5, lines 29-33) & (Fig 1)].
10.
The implantable blood pump of claim 2, wherein the motor stator is operable via the control electronics to magnetically levitate and rotate the rotor within the blood flow passage.
11.
The implantable blood pump of claim 2, wherein: the pump housing comprises a male thread; the removable cap comprises a female thread; and the removable cap is detachably mounted to the pump housing via the female thread and the male thread.
12.
The implantable blood pump of claim 2, wherein approximately 1 Watt of power is consumed by the control electronics.
13.
A method of assisting blood circulation in a patient, the method comprising:
controlling, via control electronics, rotation of a rotor disposed within a blood flow passage by controlling electrical supply to a motor stator, wherein the blood flow passage extends from a blood flow inlet to a blood flow outlet and is defined by a pump housing and a removable cap, wherein the control electronics are enclosed within a compartment of the removable cap;
pumping a flow of blood from the patient's heart through the blood flow passage via rotation of the rotor via the motor stator;
conducting a heat flow from the control electronics through an inner wall of the removable cap into the flow of blood in the blood flow passage;
and outputting the flow of blood from the blood flow outlet to an artery of the patient.
14.
The method of claim 13, wherein a potting material surrounds the control electronics.
15.
The method of claim 14, wherein the control electronics are disposed closer to the inner wall of the removable cap than to an outer wall of the removable cap.
17.
The method of claim 14, wherein: the rotor comprises impeller blades disposed within a volute-shaped portion of the blood flow passage;
And the inner wall of the removable cap defines a portion of the volute-shaped portion of the blood flow passage.
18.
The method of claim 17, wherein the removable cap defines the blood flow outlet.
19.
The method of claim 13, wherein the motor stator is operable via the control electronics to magnetically levitate and rotate the rotor within the blood flow passage.
20.
The method of claim 13, wherein: the pump housing comprises a male thread; the removable cap comprises a female thread; and the removable cap is detachably mounted to the pump housing via the female thread and the male thread.
21.
The method of claim 13, wherein approximately 1 Watt of power is consumed by the control electronics.
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.
Claim(s) 5-6 & 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jepsen (US WO 2012/024493) in view of one having ordinary skill in the art.
Jepsen discloses an implantable blood pump comprising an internal compartment 117 having circuit boards 131 and electronics 130, said internal compartment sized and spaced to accommodate potting materials except wherein said potting material is explicitly epoxy.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the potting material to be epoxy since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE F JOHNSON whose telephone number is (571)270-5040. The examiner can normally be reached Monday-Friday 8:00am-5:00pm EST.
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, David Hamaoui can be reached at 571-270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICOLE F JOHNSON/Primary Examiner, Art Unit 3796
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