Flexible Reservoir Volume Measurement System and Method
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/26/2024 is being considered by the examiner.
Claim Objections
Claim 11 is objected to because of the following informalities: the limitation “configured a sensor assembly” should read “configuring a sensor assembly”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to 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 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.
Claims 1 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by List (US 20190184098; “List”).
Regarding claim 1, List discloses, in figures 1-2, a system (1) comprising: a flexible container (6) for a medium (ABSTRACT, “medicine”); a sensor assembly (3, 5) configured with respect to (see figs. 1-2) the flexible container (6), wherein volume expansion of the container (6) causes linear displacement (¶ 0034, examiner notes List’s leaf spring contact section is displaced vertically as the flexible reservoir fill level changes the form of the leaf spring) of a linearly displaceable sensor component (33) in a first direction (see figs. 2a & 2b, ¶ 0034, examiner notes List’s leaf spring moves up when the reservoir is filled) and volume contraction (see fig. 2a) of the container (6) causes linear displacement of the linearly displaceable sensor component (33) in a second direction opposite the first direction (see figs. 2a & 2b, ¶ 0034, examiner notes List’s leaf spring moves down when the reservoir is emptied); and a module (5) converting the linear displacement of the linearly displaceable sensor component (33) into a measurable rotational displacement correlated to a volume (¶ 0045, List’s magnetic element’s inclination depends on the fill level of the flexible medicine reservoir, List’s magnetic sensor detects a change in magnetic field to determine fill level) of the container (6).
Regarding claim 11, List discloses, in figures 1-2, a method of detecting volume of a flexible medicament container (¶ 0023, “a method for measuring a fill level of a flexible medicine reservoir”), the method comprising: configuring a sensor assembly (3, 5) with respect to a flexible medicament container (6), such that volume expansion of the flexible medicament container (6) causes linear displacement (¶ 0034, examiner notes List’s leaf spring contact section is displaced vertically as the flexible reservoir fill level changes the form of the leaf spring) of a linearly displaceable sensor component (33) in a first direction (see figs. 2a & 2b, ¶ 0034, examiner notes List’s leaf spring moves up when the reservoir is filled) and volume contraction (see fig. 2a) of the container (6) causes linear displacement of the linearly displaceable sensor component (33) in a second direction opposite the first direction (see figs. 2a & 2b, ¶ 0034, examiner notes List’s leaf spring moves down when the reservoir is emptied); converting the linear displacement of the linearly displaceable sensor component (33) into a rotational displacement (¶ 0023 and ¶ 0034, examiner notes as List’s leaf spring contact element moves up and down, the magnet rotates about the pivot); measuring the rotational displacement (¶ 0045, “the magnetic field lines 5f of the magnetic element 5m cross the magnetic sensor 5s in an inclination that depends on the fill level of the flexible medicine reservoir 6. The change in inclination of the magnetic field lines 5f can be detected with the magnetic sensor 5s”); and correlating the measured rotational displacement to a volume of the medicament container (¶ 0045, List’s magnetic element’s inclination depends on the fill level of the flexible medicine reservoir, List’s magnetic sensor detects a change in magnetic field to determine fill level).
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 2-4 is rejected under 35 U.S.C. 103 as being unpatentable over List (US 20190184098; “List”) as applied in claim 1.
Regarding claim 2, List discloses, in figures 1-2, a microprocessor converting the measurable rotational displacement (¶ 0034, List’s data is derived from the “rotational motion of the magnetic element”) into data format indicative of a measurement of the volume of the flexible container (¶ 0020, “a processing unit for receiving an electric signal from the detector and for transforming the electric signal into a fill level of the flexible medicine reservoir”).
List fails to explicitly disclose the data is digital data.
The Examiner takes official notice that digital data format is well-known in the art.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a well-known digital data format to represent the flexible container volume. Doing so increases the efficiency of further processing and control.
Regarding claim 3, List discloses, in figures 1-2, the linearly displaceable sensor component (33) comprises: a magnet (5m) configured to displace linearly in the first direction and the second direction based on the expansion and the contraction (¶ 0034, examiner notes List’s magnetic element is fixed to the leaf spring member and is displaced vertically and horizontally as the flexible reservoir fill level changes the form of the leaf spring) of the flexible reservoir (6); a mechanical module (41) configured to transfer the linear displacement (see fig. 2a & 2b, ¶ 0045, List’s magnet is attached the leaf spring and rotates about the hinge bearing as it is pushed up and down as the reservoir levels change) of the magnet (5m) to rotation of the magnet (5m); and a magnetic sensor (5s) rotationally fixed (¶ 0045, “the magnetic sensor 5s is fixed to the mounting 5o”) such that the rotation of the magnet (5m) with respect to the magnetic sensor (5s) causes magnetic field to fluctuate due to the relative angular displacement (¶ 0045, “the magnetic field lines 5f of the magnetic element 5m cross the magnetic sensor 5s in an inclination that depends on the fill level of the flexible medicine reservoir 6. The change in inclination of the magnetic field lines 5f can be detected with the magnetic sensor 5s”), wherein the detected fluctuation in the magnetic field is read as sinusoidal voltages and converted into data and output indicative of the volume of the flexible container (¶ 0046, “the magnetic sensor 5s can have a design providing that two coupled signals are generated which depend on the direction of the magnetic field, for example two voltages that are proportional to the sine and cosine of the angle of the magnetic field relative to the magnetic sensor 5s”).
List fails to explicitly disclose the data is digital data.
The Examiner takes official notice that digital data format is well-known in the art.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a well-known digital data format to represent the flexible container volume. Doing so increases the efficiency of further processing and control.
Regarding claim 4, List discloses, in figures 1-2, the magnet comprises a charged magnet (5m), and the magnetic sensor comprises a Hall effect sensor (¶ 0047, “hall effect sensors”).
List fails to disclose the charged magnet is diametrically charged.
However, Applicant has not disclosed that using a charged magnet that is diametrically charged produces unexpected results. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to construct a detector with a diametrically charged magnet as a matter of design choice to provide a magnetic field that varies as the magnet changes position relative to a sensor. Do so provides a reliable system for determining displacement.
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over List (US 20190184098; “List”) as applied in claim 11.
Regarding claim 12, List discloses, in figures 1-2, converting the measured rotational displacement (¶ 0034, List’s data is derived from the “rotational motion of the magnetic element”) into data format indicative of a measurement of the volume of the flexible medicament container (¶ 0020, “a processing unit for receiving an electric signal from the detector and for transforming the electric signal into a fill level of the flexible medicine reservoir”).
List fails to explicitly disclose the data is digital data.
The Examiner takes official notice that digital data format is well-known in the art.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a well-known digital data format to represent the flexible container volume in List’s method. Doing so increases the efficiency of further processing and control.
Regarding claim 13, List discloses, in figures 1-2, the linearly displaceable sensor component (33) comprises: a magnet (5m) configured to displace linearly in the first and second directions based on the expansion and the contraction (¶ 0034, examiner notes List’s magnetic element is fixed to the leaf spring member and is displaced vertically and horizontally as the flexible reservoir fill level changes the form of the leaf spring) of the flexible reservoir (6); a mechanical module (41) configured to transfer the linear displacement (see fig. 2a & 2b, ¶ 0045, List’s magnet is attached the leaf spring and rotates about the hinge bearing as it is pushed up and down as the reservoir levels change) of the magnet (5m) to rotation of the magnet (5m); and a magnetic sensor (5s) rotationally fixed (¶ 0045, “the magnetic sensor 5s is fixed to the mounting 5o”) such that the rotation of the magnet (5m) with respect to the magnetic sensor (5s) causes magnetic field to fluctuate due to the relative angular displacement (¶ 0045, “the magnetic field lines 5f of the magnetic element 5m cross the magnetic sensor 5s in an inclination that depends on the fill level of the flexible medicine reservoir 6. The change in inclination of the magnetic field lines 5f can be detected with the magnetic sensor 5s”), wherein the measuring of the rotational displacement comprises detecting fluctuation in the magnetic field as sinusoidal voltages (¶ 0046, “the magnetic sensor 5s can have a design providing that two coupled signals are generated which depend on the direction of the magnetic field, for example two voltages that are proportional to the sine and cosine of the angle of the magnetic field relative to the magnetic sensor 5s”), and the correlating of the measured rotational displacement comprises converting the measured rotational displacement into data (¶ 0034, List’s data is derived from the “rotational motion of the magnetic element”), and generating output indicative of the volume of the flexible medicament container based on the data (¶ 0020, List receives “an electric signal from the detector” and transforms “the electric signal into a fill level of the flexible medicine reservoir”).
List fails to explicitly disclose the data is digital data.
The Examiner takes official notice that digital data format is well-known in the art.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a well-known digital data format to represent the flexible container volume. Doing so increases the efficiency of further processing and control.
Regarding claim 14, List discloses, in figures 1-2, the magnet comprises a charged magnet (5m), and the magnetic sensor comprises a Hall effect sensor (¶ 0047, “hall effect sensors”).
List fails to disclose the charged magnet is diametrically charged.
However, Applicant has not disclosed that using a charged magnet that is diametrically charged produces unexpected results. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to construct a detector with a diametrically charged magnet as a matter of design choice to provide a magnetic field that varies as the magnet changes position relative to a sensor. Do so provides a reliable system for determining displacement.
Allowable Subject Matter
Claims 5-10 and 15-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 5, the examiner notes a search has not revealed prior art teaching or suggesting, at least, the subject matter combination of claims 1 and 3 including the mechanical module comprises: a first telescoping cylinder having a first exterior diameter, the magnet being rotationally fixed with respect to the first telescoping cylinder, and a second telescoping cylinder having a second interior diameter; and the second interior diameter is greater than the first exterior diameter. Examiner concludes prior existence of the combination, or a suggestion to combine all cited references, is improbable. The dependent claims would be allowable for at least the same reasons as above.
Regarding claim 15, the examiner notes a search has not revealed prior art teaching or suggesting, at least, the subject matter combination of claims 11 and 13 including the mechanical module comprises: a first telescoping cylinder having a first exterior diameter, the magnet being rotationally fixed with respect to the first telescoping cylinder, and a second telescoping cylinder having a second interior diameter; and the second interior diameter is greater than the first exterior diameter. Examiner concludes prior existence of the combination, or a suggestion to combine all cited references, is improbable. The dependent claims would be allowable for at least the same reasons as above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY P GRAVES whose telephone number is (469)295-9072. The examiner can normally be reached M-F 8 a.m. - 5 p.m..
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, Peter Macchiarolo can be reached at 571-272-2375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TIMOTHY P GRAVES/Primary Examiner, Art Unit 2855
Prosecution Insights