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 § 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) 1-4, 6-11, 13-17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Shang et al. (Pub NO. US 2004/0254513 A1; hereinafter Shang) in view of Yates et al. (Patent NO. US 5,708,363 A; hereinafter Yates).
Regarding Claim 1, Shang teaches a method (method in Fig. 3; See [0108]-[0114]), comprising:
receiving medical fluid through an inlet of a chamber of a data collecting cell (See [0151-[0155]), the medical fluid flowing around two electrodes located within the chamber (two electrodes 163a and 163b in fig. 3; See [0108]-[0114]);
applying an alternating current (AC) input voltage to the two electrodes within the chamber of the data collecting cell (160 applies AC current to two electrodes 163a and 163b in fig. 3; See [0084], [0108]-[0114]);
measuring, with a voltage measurement unit, the input voltage at a first electrode of the two electrodes (first electrodes 163a and current is measured across 163a as it’s current is being monitored in Fig. 3; See [0108]);
measuring, with the voltage measurement unit, an output voltage at the second electrode (output voltage of second electrode 163b is being measured in Fig. 3; See [0108]-[0114]); and
calculating a conductivity of the medical fluid based at least in part on the input voltage and the output voltage (impedance Z is conductivity; See [0110]).
Shang is silent about switching a state of a switch in communication with the first electrode to communicate with a second electrode of the two electrodes;
Yates teaches regarding measuring fluid conductivity (See abstract) wherein switching a state of a switch in communication with the first electrode to communicate with a second electrode of the two electrodes (See switching state 17 between first electrode 19a and second electrode 19b in fig. 1; See Col. 3, Lines 35-55);
Therefore it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the system of Shang buy using switching a state of a switch in communication with the first electrode to communicate with a second electrode of the two electrodes, as taught by Yates in order to optimize the liquid's conductivity measurement (Yates; abstract).
Regarding Claim 2, Shag in view of Yates teaches the method of claim 1. Yates further teaches wherein calculating the conductivity includes determining a cell voltage of the data collecting cell by taking a difference between the input voltage and the output voltage (See difference between input voltage Vs and output voltage V0; See Col. 3, Lines 50-60).
Regarding Claim 3, Shag in view of Yates teaches the method of claim 2. Shang further teaches wherein calculating the conductivity further includes determining
a cell conductance by dividing a cell current of the data collecting cell by the cell voltage (See [0110]).
Regarding Claim 4, Shag in view of Yates teaches the method of claim 3. Shang further teaches wherein the conductivity of the medical fluid flowing through the data collecting cell is determined by multiplying the cell conductance by a cell constant (C1 is constant; See [0110]).
Regarding Claim 6, Shag in view of Yates teaches the method of claim 3. Shang further teaches wherein the cell conductance is determined without a calibration of the voltage measurement unit (no calibration of Vt; See [0108]-[0110]).
Regarding Claim 7, Shag in view of Yates teaches the method of claim 1. Yates further teaches wherein a source of the input voltage operates at a frequency of approximately 50KHz (See Col. 1, Lines 35-40), but Shag in view of Yates is silent about 100kHz.
It would have been obvious to one having ordinary skill in the art at the time of the invention was made to use 100kHz, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding Claim 8, Shag in view of Yates teaches the method of claim 1. Yates further teaches wherein a source of the input voltage is in electrical communication with one or more capacitors (See Col. 2, Lines 28-30; Se Col. 3, Lines 29-31) and one or more resistors (See resistors in Fig. 1).
Regarding Claim 9, Shag in view of Yates teaches the method of claim 1. Shang further teaches wherein the data collecting cell is a conductivity cell (cell 163 in fig. 1 is conductivity cell in Fig. 3; See [0108]-[0110]).
Regarding Claim 10, Shag in view of Yates teaches the method of claim 1. Shang further teaches wherein the data collecting cell includes the two electrodes (two electrodes 163a and 163b in Fig. 3; See [0108]-[0114]).
Regarding Claim 11, Shag in view of Yates teaches the method of claim 1. Shang further teaches wherein the medical fluid enters the data collecting cell through the inlet (See [0151]-[0152]) and flows out of the data collecting cell through an outlet of the chamber (See [0151]-[0152]).
Regarding Claim 13, Shag in view of Yates teaches the method of claim 1. Shang further teaches wherein the data collecting cell is part of a circuit that is configured to be attached to a dialysis system (See [0151]-[0155]).
Regarding Claim 14, Shang teaches a medical apparatus configured to perform operations (apparatus in Fig. 3; See [0108]-[0114]) comprising:
receiving medical fluid through an inlet of a chamber of a data collecting cell (See [0151-[0155]), the medical fluid flowing around two electrodes located within the chamber (two electrodes 163a and 163b in fig. 3; See [0108]-[0114]);
applying an alternating current (AC) input voltage to the two electrodes within the chamber of the data collecting cell (160 applies AC current to two electrodes 163a and 163b in fig. 3; See [0084], [0108]-[0114]);
measuring, with a voltage measurement unit, the input voltage at a first electrode of the two electrodes (first electrodes 163a and current is measured across 163a as it’s current is being monitored in Fig. 3; See [0108]);
measuring, with the voltage measurement unit, an output voltage at the second electrode (output voltage of second electrode 163b is being measured in Fig. 3; See [0108]-[0114]); and
calculating a conductivity of the medical fluid based at least in part on the input voltage and the output voltage (impedance Z is conductivity; See [0110]).
Shang is silent about switching a state of a switch in communication with the first electrode to communicate with a second electrode of the two electrodes;
Yates teaches regarding measuring fluid conductivity (See abstract) wherein switching a state of a switch in communication with the first electrode to communicate with a second electrode of the two electrodes (See switching state 17 between first electrode 19a and second electrode 19b in fig. 1; See Col. 3, Lines 35-55);
Therefore it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the system of Shang buy using switching a state of a switch in communication with the first electrode to communicate with a second electrode of the two electrodes, as taught by Yates in order to optimize the liquid's conductivity measurement (Yates; abstract).
Regarding Claim 15, Shag in view of Yates teaches the medical apparatus of claim 14. Yates further teaches wherein calculating the conductivity includes determining a cell voltage of the data collecting cell by taking a difference between the input voltage and the output voltage (See difference between input voltage Vs and output voltage V0; See Col. 3, Lines 50-60).
Regarding Claim 16, Shag in view of Yates teaches the medical apparatus of claim 15. Shang further teaches wherein calculating the conductivity further includes determining a cell conductance by dividing a cell current of the data collecting cell by the cell voltage (See [0110]).
Regarding Claim 17, Shag in view of Yates teaches the medical apparatus of claim 16. Shang further teaches wherein the conductivity of the medical fluid flowing through the data collecting cell is determined by multiplying the cell conductance by a cell constant (C1 is constant; See [0110]).
Regarding Claim 19, Shag in view of Yates teaches the medical apparatus of claim 14. Yates further teaches wherein a source of the input voltage is in electrical communication with one or more capacitors (See Col. 2, Lines 28-30; Se Col. 3, Lines 29-31) and one or more resistors (See resistors in Fig. 1).
Regarding Claim 20, Shag in view of Yates teaches the medical apparatus of claim 14. Yates further teaches wherein a source of the input voltage operates at a frequency of approximately 50KHz (See Col. 1, Lines 35-40), but Shag in view of Yates is silent about 100kHz.
It would have been obvious to one having ordinary skill in the art at the time of the invention was made to use 100kHz, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Claim(s) 5, 12 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Shang in view of Yates further in view of James et al. (Pub NO. US 2020/0393395 A1; hereinafter James).
Regarding Claim 5, Shag in view of Yates teaches the method of claim 4. Shag in view of Yates is silent about wherein the cell constant is pre-calibrated such that the cell constant is known before the conductivity of the medical fluid is calculated.
James teaches regarding measuring conductivity of medical fluid (See abstract) wherein the cell constant is pre-calibrated such that the cell constant is known before the conductivity of the medical fluid is calculated (See [0049]-[0052]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the system of Shag and Yates by using the cell constant is pre-calibrated such that the cell constant is known before the conductivity of the medical fluid is calculated, as taught by James in order to measure one or more electrical characteristics (e.g., electrical conductivity) of fluids such as blood in dialysis systems (James; [0028]).
Regarding Claim 12, Shag in view of Yates teaches the method of claim 1. Shag in view of Yates is silent about wherein the data collecting cell is calibrated for a specific cell constant that is determined based at least in part on locations of two electrodes of the data collecting cell with respect to each other.
James teaches regarding measuring conductivity of medical fluid (See abstract) wherein the data collecting cell is calibrated for a specific cell constant that is determined based at least in part on locations of two electrodes of the data collecting cell with respect to each other (See [0050]-[0051]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the system of Shag and Yates by using the data collecting cell is calibrated for a specific cell constant that is determined based at least in part on locations of two electrodes of the data collecting cell with respect to each other, as taught by James in order to measure one or more electrical characteristics (e.g., electrical conductivity) of fluids such as blood in dialysis systems (James; [0028]).
Regarding Claim 18, Shag in view of Yates teaches the medical apparatus of claim 17. Shag in view of Yates is silent about wherein the cell constant is pre-calibrated such that the cell constant is known before the conductivity of the medical fluid is calculated.
James teaches regarding measuring conductivity of medical fluid (See abstract) wherein the cell constant is pre-calibrated such that the cell constant is known before the conductivity of the medical fluid is calculated (See [0049]-[0052]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the system of Shag and Yates by using the cell constant is pre-calibrated such that the cell constant is known before the conductivity of the medical fluid is calculated, as taught by James in order to measure one or more electrical characteristics (e.g., electrical conductivity) of fluids such as blood in dialysis systems (James; [0028]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Freeman et al. (Patent No. US 10,532,217 B2) discloses Medical Device Operational Modes.
Chiu et al. (Pub NO. US 2019/0341137 A1) discloses Proactive Image-Based Infusion Device.
Hayter et al. (Pub NO. US 2019/0083012 A1) discloses Method and Apparatus for Control and Processing in a Medical Communication.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZANNATUL FERDOUS whose telephone number is (571)270-0399. The examiner can normally be reached Monday through Friday 8am to 5pm (PST).
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/ZANNATUL FERDOUS/Examiner, Art Unit 2858
/LEE E RODAK/Supervisory Patent Examiner, Art Unit 2858