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 .
Claims 1-20 are examined in this office action.
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.
Claim(s) 1-5, 8-11, 13, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huculak et al. (US Pub No. 20110042597 A1) in view of Salazar (WO 2025/230400 A1) and in further view of Sivadas (US Pub No. 20230233747 A1).
Regarding claim 1, Huculak in view of Salazar and Sivadas disclose an ophthalmic fluid dynamics system (Huculak, high speed valve 100, Fig. 1A), comprising:
a solenoid valve (Huculak, high speed valve 100, Fig. 1A) comprising:
a valve body (Huculak, housing 110, Fig. 1A) comprising ports including an
inlet port (Huculak, inlet port 150, Fig. 1A) and an outlet port (Huculak,
outlet port 160, Fig. 1A),
a valve cavity (Huculak, See annotated Fig. 1A) extending along a direction of
elongation and configured to provide fluid connectivity between the inlet port and
the outlet port (Huculak, "… air flows through inlet port 150 and out of
outlet port 160." – Para [0016]), the valve cavity comprising oppositely disposed
linear walls in communication with the inlet port and the outlet port (Huculak,
See annotated Fig. 1B), and oppositely disposed lateral walls (Huculak, See
annotated Fig. 1A), each of the oppositely disposed lateral walls extending
between the oppositely disposed linear walls;
a solenoid coil (Huculak, coil 130, Fig. 1A) disposed in the valve body around
the valve cavity (Huculak, See annotated Fig. 1A);
a plunger comprising a permanent magnet (Huculak, armature 140, Fig. 1A),
and configured to move back-and-forth along the direction of elongation
(Huculak, "Armature 140 moves up and down as shown to open or close
outlet port 160." – Para [0016]) between a first position (Huculak, Fig. 1A)
and a second position in the valve cavity (Huculak, Fig. 1B) to selectively
control the fluid connectivity between the inlet port and the outlet port (Huculak,
"When in the open position of FIG. 1A, air flows through inlet port 150 and
out of outlet port 160. When in the closed position of Fig. 1B, air cannot exit
outlet port 160." - Para [0016]), the plunger including
oppositely disposed linear sides (Huculak, See annotated Fig. 1B) configured
to face the respective oppositely disposed linear walls of the valve cavity
(Huculak, See annotated Fig. 1B), and adjacent lateral sides (Huculak, See
annotated Fig. 1A), each of the adjacent lateral sides extending between the
oppositely disposed linear sides and configured to face a corresponding lateral
wall of the valve cavity, the plunger having a cross sectional shape which
prevents the plunger from rotating in the valve cavity (Huculak, Fig. 1A), the
plunger configured to fit in the valve cavity such that there are gaps between the
plunger and the linear and lateral walls of the valve cavity (Huculak, See
annotated Fig. 1A), the gaps extending substantially the length of the direction
of elongation (Huculak, See annotated Fig. 1A); and a controller configured to
selectively move the plunger between the first position (Huculak, Fig. 1A) and
the second position (Huculak, Fig. 1B), and to selectively maintain the plunger
between the first position and the second position (Huculak, "… armature 140
is permanently magnetized. In this case, when a first voltage is applied
across coil as shown in FIG. 1A, armature 140 is attracted to magnetic core
… when an opposite voltage is applied across coil 130, armature 140 is
repelled … as shown in FIG. 1B." - Para [0019]).
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Huculak does not expressly disclose adjacent curved lateral sides, each of the adjacent curved lateral sides extending between the oppositely disposed linear sides and a controller configured to apply at least one current to the solenoid coil.
Salazar teaches adjacent curved lateral sides, each of the adjacent curved lateral sides extending between the oppositely disposed linear sides (See annotated Fig. 2).
Therefore, it would have been obvious, before the effective fling date of the claimed invention, to modify the system of Huculak to include adjacent curved lateral sides, each of the adjacent curved lateral sides extending between the oppositely disposed linear sides as taught by Salazar for opening or closing the flow of water (Salazar, Page 8, Line 5).
Huculak also does not expressly disclose a controller configured to apply at least one current to the solenoid coil.
Sivadas teaches a controller (controller 360, Fig. 5) configured to apply at least one current to the solenoid coil (“… controller 360 may instruct power supply 424 to turn on and turn off the current in a coil 420.” – Para [0069]). .
Therefore, it would have been obvious, before the effective fling date of the claimed invention, to modify the system of Huculak to include a controller configured to apply at least one current to the solenoid coil as taught by Sivadas to create magnetic fields (Sivadas, Para [0074]).
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Regarding claim 2, Huculak in view of Salazar and Sivadas disclose the system (Huculak, high speed valve 100, Fig. 1A), as recited above wherein:
the plunger (Huculak, armature 140, Fig. 1A) does not have a fixed rest position in the valve cavity (Huculak, "… armature 140 is permanently magnetized. In this case, when a first voltage is applied across coil as shown in FIG. 1A, armature 140 is attracted to magnetic core … when an opposite voltage is applied across coil 130, armature 140 is repelled … as shown in FIG. 1B." - Para [0019]).
Regarding claim 3, Huculak in view of Salazar and Sivadas disclose the system (Huculak, high speed valve 100, Fig. 1A), as recited above wherein:
the plunger (Huculak, armature 140, Fig. 1A) does not include a restoring element configured to restore the plunger to a fixed rest position (Huculak, "… armature 140 is either attracted to or repelled by the magnetic field induced in magnetic core 120." - Para [0020]).
Regarding claim 4, Huculak in view of Salazar and Sivadas disclose the system (Huculak, high speed valve 100, Fig. 1A), as recited above wherein:
. the plunger (Huculak, armature 140, Fig. 1A) will not remain in the first position and second position without applying the at least one voltage to the solenoid coil (Huculak, "In this case, when a first voltage is applied across coil 130 as shown in FIG. 1A, armature 140 is attracted to magnetic core 120 (the armature moves upward) and the valve 100 is in the open position. When an opposite voltage is applied across coil 130, armature 140 is repelled by the magnetic force induced in magnetic core 120 as shown in FIG. 1B." - Para [0019]).
Huculak does not expressly disclose applying at least one current to the solenoid coil.
Sivadas teaches applying at least one current to the solenoid coil (“… controller 360 may instruct power supply 424 to turn on and turn off the current in a coil 420.” – Para [0069]).
Therefore, it would have been obvious, before the effective fling date of the claimed invention, to modify the system of Huculak to include applying at least one current to the solenoid coil as taught by Sivadas to create magnetic fields (Sivadas, Para [0074]).
Regarding claim 5, Huculak in view of Salazar and Sivadas disclose the system (Huculak, high speed valve 100, Fig. 1A), as recited above wherein:
the plunger (Huculak, armature 140, Fig. 1A) will remain in the first position or the second position upon application of the at least one current to the solenoid coil (Huculak, "In this case, when a first voltage is applied across coil 130 as shown in FIG. 1A, armature 140 is attracted to magnetic core 120 (the armature moves upward) and the valve 100 is in the open position. When an opposite voltage is applied across coil 130, armature 140 is repelled by the magnetic force induced in magnetic core 120 as shown in FIG. 1B." - Para [0019]).
Huculak does not expressly disclose the application of the at least one current to the solenoid coil.
Sivadas teaches the application of the at least one current to the solenoid coil (“… controller 360 may instruct power supply 424 to turn on and turn off the current in a coil 420.” – Para [0069]).
Therefore, it would have been obvious, before the effective fling date of the claimed invention, to modify the system of Huculak to include the application of the at least one current to the solenoid coil as taught by Sivadas to create magnetic fields (Sivadas, Para [0074]).
Regarding claim 8, Huculak in view of Salazar and Sivadas disclose the system (Huculak, high speed valve 100, Fig. 1A), as recited above wherein:
each of the oppositely disposed lateral walls (Huculak, See annotated Fig. 1A above) of the valve cavity are linear (Huculak, See annotated Fig. 1A above).
Regarding claim 9, Huculak in view of Salazar and Sivadas disclose the system (Huculak, high speed valve 100, Fig. 1A), as recited above wherein:
the valve cavity (Huculak, See annotated Fig. 1A above) is rectangular in cross-sectional shape (Huculak, See annotated Fig. 1A above).
Regarding claim 10, Huculak in view of Salazar and Sivadas disclose the system (Huculak, high speed valve 100, Fig. 1A), as recited above wherein:
Huculak does not expressly disclose that each of the oppositely disposed lateral walls of the valve cavity are curved.
Salazar teaches that each of the oppositely disposed lateral walls of the valve cavity (plunger displacement groove 6, Fig. 6) are curved (See annotated Fig. 2 above).
Therefore, it would have been obvious, before the effective fling date of the claimed invention, to modify the system of Huculak to include that each of the oppositely disposed lateral walls of the valve cavity are curved as taught by Salazar for the displacement of the gate piston (Salazar, Page 8, Line 19).
Regarding claim 11, Huculak in view of Salazar and Sivadas disclose the system (Huculak, high speed valve 100, Fig. 1A), as recited above wherein:
Huculak does not expressly disclose that each of the oppositely disposed lateral walls of the valve cavity are curved correspondingly to the adjacent curved lateral sides of the plunger.
Salazar teaches that each of the oppositely disposed lateral walls (See annotated Fig. 2 above) of the valve cavity (plunger displacement groove 6, Fig. 6) are curved correspondingly to the adjacent curved lateral sides of the plunger (See annotated Fig. 6).
Therefore, it would have been obvious, before the effective fling date of the claimed invention, to modify the system of Huculak to include that each of the oppositely disposed lateral walls of the valve cavity are curved correspondingly to the adjacent curved lateral sides of the plunger as taught by Salazar for the displacement of the gate piston (Salazar, Page 8, Line 19).
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Regarding claim 13, Huculak in view of Salazar and Sivadas disclose the system (Huculak, high speed valve 100, Fig. 1A), as recited above wherein:
the controller is configured to activate the solenoid coil with a first polarity to cause the plunger to move and be maintained in the first position (Huculak, "… when a first voltage is applied across coil 130 as shown in FIG. 1A, armature 140 is attracted to magnetic core 120 (the armature moved upward) …" - Para [0019]);
and apply a second current to the solenoid coil to activate the solenoid coil with a second opposite polarity to cause the plunger to move and be maintained in the second position ("When an opposite voltage is applied across coil 130, armature 140 is repelled by the magnetic force induced in magnetic core 120 as shown in FIG. 1B." - Para [0019]).
Huculak does not expressly disclose that the controller is configured to: apply a first current to the solenoid coil.
Sivadas teaches that the controller (controller 360, Fig. 5) is configured to: apply a first current to the solenoid coil ("… controller 360 may instruct power supply 424 to turn on and turn off the current in a coil 420." - Para [0069]).
Therefore, it would have been obvious, before the effective fling date of the claimed invention, to modify the system of Huculak to include teaches that the controller is configured to: apply a first current to the solenoid coil as taught by Salazar to create magnetic fields (Salazar, Para [0074]).
Regarding claim 20, Huculak in view of Salazar and Sivadas disclose the system (Huculak, high speed valve 100, Fig. 1A), as recited above wherein:
the first position of the plunger is such that a path for fluid connectivity is open between the inlet port and the outlet port in the valve cavity (Huculak, “Armature 140 moves up and down as shown to open or close outlet port 160. When in the open position of FIG. 1A, air flows through inlet port 150 and out of outlet port 160.” – Para [0016])), and the second position of the plunger is such that the path for fluid connectivity is blocked in the valve cavity (Huculak, "When in the closed position of FIG. 1B, air cannot exit outlet port 160.” – Para [0016]).
Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huculak et al. (US Pub No. 20110042597 A10) in view of Salazar (WO 2025/230400 A1) and Sivadas (US Pub No. 20230233747 A1) and in further view of Himes (US Patent No. 6689146 B1).
Regarding claim 6, Huculak in view of Salazar, Sivadas, and Himes disclose the system (Huculak, high speed valve 100, Fig. 1A), as recited above wherein:
when the plunger is in the second position (Huculak, Fig. 1B), the plunger blocks the path for fluid connectivity between the inlet port and the outlet port (Huculak, "When in the closed position of FIG. 1B, air cannot exit outlet port 160.” – Para [0016]).
Huculak in view of Salazar and Sivadas does not expressly disclose that the plunger additionally comprises a bore through the plunger and oriented substantially perpendicular to the direction of elongation, such that when the plunger is in the first position, the bore providing a path for fluid connectivity between the respective ones of the ports.
Himes teaches that the plunger (plunger 134, Fig. 7) additionally comprises a bore through the plunger (bore 146, Fig. 2A) and oriented substantially perpendicular to the direction of elongation (See annotated Fig. 2A), such that when the plunger is in the first position (Fig. 2A), the bore providing a path for fluid connectivity between the respective ones of the ports ("Bore 146 serves as a conduit through which fluid flows between valve member 42 and rotating hub bore 76." - Col.8 Line 17).
Therefore, it would have been obvious, before the effective fling date of the claimed invention, to modify the system of Huculak to include that the plunger additionally comprises a bore through the plunger and oriented substantially perpendicular to the direction of elongation, such that when the plunger is in the first position, the bore providing a path for fluid connectivity between the respective ones of the ports as taught by Himes so that irrigation fluid can flow (Himes, Col. 1, Line 43).
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Regarding claim 7, Huculak in view of Salazar, Sivadas, and Himes disclose the system (Huculak, high speed valve 100, Fig. 1A), as recited above wherein:
Huculak in view of Salazar and Sivadas does not expressly disclose that when the plunger is in the first position the bore aligns with conduits into the valve cavity from the inlet port and the outlet port.
Himes teaches that when the plunger is in the first position (Fig. 2A) the bore (bore 146, Fig. 2A) aligns with conduits into the valve cavity from the inlet port and the outlet port (“Bore 146 serves as a conduit through which fluid flows between valve member 42 and rotating hub bore 76.” – Col. 8 Line 18).
Therefore, it would have been obvious, before the effective fling date of the claimed invention, to modify the system of Huculak to include that when the plunger is in the first position the bore aligns with conduits into the valve cavity from the inlet port and the outlet port as taught by Himes so that irrigation fluid can flow (Himes, Col. 1 Line 43).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huculak et al. (US Pub No. 20110042597 A10) in view of Salazar (WO 2025/230400 A1) and Sivadas (US Pub No. 20230233747 A1) and in further view of Beauvais et al. (US Patent No. 9839738 B2).
Regarding claim 12, Huculak in view of Salazar, Sivadas, and Beauvais disclose the system (Huculak, high speed valve 100, Fig. 1A), as recited above wherein:
Huculak in view of Salazar and Sivadas does not expressly disclose that each of the oppositely disposed lateral walls of the valve cavity include one or more grooves extending into each of the lateral walls.
Beauvais teaches that each of the oppositely disposed lateral walls of the valve cavity (See annotated Fig. 4B) include one or more grooves (slots 403, Fig. 4B) extending into each of the lateral walls (See annotated Fig. 4B).
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Therefore, it would have been obvious, before the effective fling date of the claimed invention, to modify the system of Huculak to include that each of the oppositely disposed lateral walls of the valve cavity include one or more grooves extending into each of the lateral walls as taught by Beauvais to inhibit removal of check valve (Beauvais, Col. 5 Line 55).
Claim(s) 14, 16, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huculak et al. (US Pub No. 20110042597 A10) in view of Salazar (WO 2025/230400 A1) and Sivadas (US Pub No. 20230233747 A1) and in further view of Tah et al. (US Pub No. 20240342357 A1).
Regarding claim 14, Huculak in view of Salazar, Sivadas, and Tah disclose the system (Huculak, high speed valve 100, Fig. 1A), as recited above wherein:
the solenoid valve (Huculak, high speed valve 100, Fig. 1A)
Huculak in view of Salazar and Sivadas does not expressly disclose that the solenoid valve includes an irrigation channel extending therethrough, and an aspiration channel extending through the valve cavity, between the inlet port and the outlet port.
Tah teaches that the solenoid valve includes an irrigation channel extending therethrough (See annotated Fig. 1), and an aspiration channel (See annotated Fig. 1) extending through the valve cavity (cavity 121, Fig. 5), between the inlet port (irrigation port 116, Fig. 1) and the outlet port (aspiration port 118, Fig. 1).
Therefore, it would have been obvious, before the effective fling date of the claimed invention, to modify the system of Huculak to include that the solenoid valve includes an irrigation channel extending therethrough, and an aspiration channel extending through the valve cavity, between the inlet port and the outlet port as taught by Tah to facilitate aspiration therethrough (Tah, Para [0052]).
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Regarding claim 16, Huculak in view of Salazar, Sivadas, and Tah disclose the system (Huculak, high speed valve 100, Fig. 1A), as recited above wherein:
the solenoid valve (Huculak, high speed valve 100, Fig. 1A)
Huculak in view of Salazar does not expressly disclose that the solenoid valve additionally comprises: a sensor configured to provide a signal indicative of a fluid metric in the aspiration channel, the controller being configured to selectively control the fluid connectivity in the aspiration channel between the inlet port and the outlet port responsively to the fluid metric.
Sivadas teaches that the solenoid valve additionally comprises: a sensor (sensor 330, Fig. 3) configured to provide a signal indicative of a fluid metric in the aspiration channel ("HPS 330 is an irrigation pressure sensor that detects the irrigation pressure within the irrigation conduit 320." - Para [0050]), the controller (controller 360, Fig. 3) being configured to selectively control the fluid connectivity in the aspiration channel between the inlet port and the outlet port responsively to the fluid metric ("If controller 360 determines the IOP (target intraocular pressure) is outside of the target range, controller 360 controls fluidics subsystem to bring the pressure back to the target range." - Para [0046]).
Therefore, it would have been obvious, before the effective fling date of the claimed invention, to modify the system of Huculak to include that the solenoid valve additionally comprises: a sensor configured to provide a signal indicative of a fluid metric in the aspiration channel, the controller being configured to selectively control the fluid connectivity in the aspiration channel between the inlet port and the outlet port responsively to the fluid metric as taught by Sivadas to maintain a target intraocular pressure (Sivadas, Para [0046]).
Regarding claim 17, Huculak in view of Salazar, Sivadas, and Tah disclose the system (Huculak, high speed valve 100, Fig. 1A), as recited above wherein:
.Huculak does not expressly disclose that the fluid metric is a pressure level.
Sivadas teaches that the fluid metric is a pressure level ("HPS 330 is an irrigation pressure sensor that detects the irrigation pressure within the irrigation conduit 320." - Para [0050]).
Therefore, it would have been obvious, before the effective fling date of the claimed invention, to modify the system of Huculak to include that the fluid metric is a pressure level as taught by Sivadas to maintain a target intraocular pressure (Sivadas, Para [0046]).
Claim(s) 15, 18, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huculak et al. (US Pub No. 20110042597 A10) in view of Salazar (WO 2025/230400 A1) and Sivadas (US Pub No. 20230233747 A1) and in further view of Tah et al. (US Pub No. 20240342357 A1) and Baxter et al. (US Pub No. 20220331512 A1).
Regarding claim 15, Huculak in view of Salazar, Sivadas, Tah, and Baxter disclose the system (Huculak, high speed valve 100, Fig. 1A), as recited above additionally comprising:
Huculak in view of Salazar and Sivadas does not expressly disclose a medical tool for communicating with the solenoid valve, comprising: a body; a needle mounted in the body and configured for being vibrated, the needle including a cavity extending therethrough; and the body including an irrigation channel, and an aspiration channel, extending from the cavity of the needle through the body, wherein when the medical tool is in communication with the solenoid valve, the aspiration channel of the medical tool communicates with the aspiration channel of the solenoid valve, and the irrigation channel of the medical tool communicates with the irrigation channel of the solenoid valve.
Tah teaches that when the medical tool is in communication with the solenoid valve, the aspiration channel of the medical tool communicates with the aspiration channel of the solenoid valve ("the first port 132a of the first pair of ports 132 and the first port 134a … are connected to the irrigation port 116." - Para [0053]), and the irrigation channel of the medical tool communicates with the irrigation channel of the solenoid valve ("The first port 136a of the third pair of ports and the first port 138a … are connected to the aspiration port 118." - Para [0053]).
Therefore, it would have been obvious, before the effective fling date of the claimed invention, to modify the system of Huculak to include that when the medical tool is in communication with the solenoid valve, the aspiration channel of the medical tool communicates with the aspiration channel of the solenoid valve, and the irrigation channel of the medical tool communicates with the irrigation channel of the solenoid valve as taught by Tah to facilitate aspiration therethrough (Tah, Para [0052]).
Tah does not expressly disclose a medical tool for communicating with the solenoid valve, comprising: a body; a needle mounted in the body and configured for being vibrated, the needle including a cavity extending therethrough; and the body including an irrigation channel, and an aspiration channel, extending from the cavity of the needle through the body.
Baxter teaches a medical tool (handpiece 112, Fig. 5) for communicating with the solenoid valve (chamber 36, Fig. 5) ("… chamber 36 may have a valve (e.g., a solenoid valve) …" - Para [0046]), comprising: a body (handpiece 112, Fig. 5); a needle mounted in the body (aspiration channel 355, Fig. 5) and configured for being vibrated ("Aspiration channel 355 may be a hollow needle that vibrates …" - Para [0035]), the needle including a cavity extending therethrough (aspiration channel 355, Fig. 5); and the body including an irrigation channel (irrigation conduit 302, Fig. 5), and an aspiration channel, extending from the cavity of the needle through the body (aspiration conduit 303, Fig. 5).
Therefore, it would have been obvious, before the effective fling date of the claimed invention, to modify the system of Huculak to include a medical tool for communicating with the solenoid valve, comprising: a body; a needle mounted in the body and configured for being vibrated, the needle including a cavity extending therethrough; and the body including an irrigation channel, and an aspiration channel, extending from the cavity of the needle through the body as taught by Baxter so fluid and tissue may be aspirated through the needle (Baxter, Para [0035]).
Regarding claim 18, Huculak in view of Salazar, Sivadas, Tah, and Baxter disclose the system (Huculak, high speed valve 100, Fig. 1A), as recited above, wherein
Huculak does not expressly disclose that the controller is configured to detect a rate of change of the fluid metric in the aspiration channel, and reduce the fluid connectivity between the inlet port and the outlet port responsively to the detected rate of change passing a given rate of change.
Baxter teaches that the controller (controller 360, Fig. 3) is configured to detect a rate of change of the fluid metric in the aspiration channel ("… HPS 365 detects pressure changes within 50 milliseconds of an occlusion break …" - Para [0036]), and reduce the fluid connectivity between the inlet port and the outlet port ("Chamber 36 may expand and/or collapse actively (e.g., in response to instructions from controller 36) …" - Para [0047]) responsively to the detected rate of change passing a given rate of change (" Controller 360 is a computer that controls parts of fluidics subsystem 110, such as valves or pumps, in response to pressure changes to maintain a target pressure at the surgical site." - Para [0037]).
Therefore, it would have been obvious, before the effective fling date of the claimed invention, to modify the system of Huculak to include that the controller is configured to detect a rate of change of the fluid metric in the aspiration channel, and reduce the fluid connectivity between the inlet port and the outlet port responsively to the detected rate of change passing a given rate of change as taught by Baxter so fluid and tissue may be aspirated through the needle (Baxter, Para [0035]).
Regarding claim 19, Huculak in view of Salazar, Sivadas, Tah, and Baxter disclose the system (Huculak, high speed valve 100, Fig. 1A), as recited above, wherein
Huculak does not expressly disclose that the controller is configured to increase the fluid connectivity between the inlet port and the outlet port responsively to the fluid metric passing a given value.
Baxter teaches that the controller (controller 360, Fig. 3) is configured to increase the fluid connectivity between the inlet port and the outlet port responsively to the fluid metric passing a given value ("… controller 360 may instruct chamber 36 to collapse in response to the pressure detected by one or more pressure sensors … chamber 36 may be configured to collapse to move the fluid to meet the volume demand …" - Para [0047]).
Therefore, it would have been obvious, before the effective fling date of the claimed invention, to modify the system of Huculak to include that the controller is configured to increase the fluid connectivity between the inlet port and the outlet port responsively to the fluid metric passing a given value as taught by Baxter so fluid and tissue may be aspirated through the needle (Baxter, Para [0035]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ESHA P KASHYAP whose telephone number is (571)272-9890. The examiner can normally be reached Monday - Friday 8:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chelsea Stinson can be reached at (571) 270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ESHA PRAKASH KASHYAP/Examiner, Art Unit 3783 /CHELSEA E STINSON/Supervisory Patent Examiner, Art Unit 3783
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