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 § 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) 1-7, 10-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Araci et al. (USPN 2019/0076021-Cited by the Applicant) in view of MASTRANGELO (WO2011163608-Cited by the Applicant).
Regarding claims 1 and 21, Araci et al. discloses an implantable device ([0061]), comprising: a tube having a first internal lumen (sensing channel, 340) comprising one or more microparticles surrounded by a first liquid; a liquid reservoir (element 320) comprising a flexible cover, in fluid connection with a first end of the first internal lumen, for providing a second liquid to the first internal lumen; a gas reservoir (element 330) in fluid connection with a second end of the first internal lumen. See figure 3 and entire description of figure 3. Araci et al. fails to disclose that said device further comprises microparticles. MASTRANGELO, in the same technical field of the invention, discloses a system for measuring fluid flow, comprising microparticle having a diameter between 0.5 to 0.9 of the first internal lumen's hydraulic diameter and comprises a material allowing a detection of a movement of each microparticle separately by an external device (Claims 1, 12, 17, 18). The step of adding microparticles to the first internal lumen of an implantable device taught by Araci et al., and detecting their movement is not inventive because it is a well-known technique that has been used in MASTRANGELO. Therefore, it would have been obvious to a person skilled in the art would have been able to make the obvious step of trying this range of diameters.
Regarding claim 2, Araci et al. discloses that the first liquid and the second liquid are the same liquid (figure 3, [0046]-[0047]).
Regarding claim 3, Araci et al. discloses the first liquid and the second liquid are unmixable ([0046]-[0047]).
Regarding claim 4, the combination of Araci et al. and MASTRANGELO discloses a density of the microparticles is lower than a density of the first liquid by at least 5% (Claims 1, 12, 17, 18).
Regarding claim 5, Araci et al. discloses the tube is curved or straight ([0046]-[0047]).
Regarding claim 6, Araci et al. further discloses said device wherein the tube is made from a flexible material (Par.0010).
Regarding claim 7, the combination of Araci et al. and MASTRANGELO discloses that the microparticles include a material visible in an image taken by an optical camera (MASTRANGELO FIG. 1 consists of a camera 150).
Regarding claim 10, Araci et al. discloses the microparticles include a magnetic material and/or an electrically conductive material ([0046]-[0047]).
Regarding claim 11, the combination of Araci et al. and MASTRANGELO discloses a diameter of each microparticle is larger than 15 micron (Claims 1, 12, 17, 18).
Regarding claim 12, Araci et al. discloses the liquid reservoir is a balloon and wherein the flexible cover is included in the outer shell of the balloon (figure 3, [0046]-[0047]).
Regarding claim 13, Araci et al. discloses device comprising a second internal lumen being the gas reservoir (Par.0019).
Regarding claim 14, Araci et al. discloses the liquid reservoir has a flat shape with an open face covered by a flexible membrane (figure 3, [0046]-[0047]).
Regarding claim 15, Araci et al. discloses the gas reservoir has a flat shape (figure 3, [0046]-[0047]).
Regarding claim 16, Araci et al. discloses the organ is an eye of the subject and wherein the hydraulic diameter of the first inner lumen is between 40 to 150 microns (figure 3, [0046]-[0047]).
Regarding claim 17, Araci et al. discloses the organ is a blood vessel of the subject and wherein the hydraulic diameter of the first inner lumen is between 150 to 3500 microns (figure 3, [0046]-[0047]).
Regarding claim 18, Araci et al. dislcoses the organ is a lung segment of the subject and wherein the hydraulic diameter of the first inner lumen is between 120 to 1500 microns (figure 3, [0046]-[0047]).
Regarding claim 19, Araci et al. discloses a material of the flexible cover is selected such that a pressure applied on the flexible cover, after the implantation, causes a flow of liquid from the liquid reservoir into the first internal lumen (figure 3, [0046]-[0047]).
Regarding claim 20, the combination discloses the microparticles are microcapsules (figure 3, [0046]-[0047]).
Regarding claim 22, the combination discloses determining the location of the one or more microparticles comprises: receiving at least two known locations in the implantable device; identifying the at least two known locations in the received signal; and determining the location of the one or more microparticles based on the signal indicative of the location of the one or more microparticles and the at least two signals (Page 23, lines 8-11).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARJAN FARDANESH whose telephone number is (571)270-5508. The examiner can normally be reached Monday-Friday 9:00-17:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacqueline Cheng can be reached at (571)272-5596. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARJAN FARDANESH/ Primary Examiner, Art Unit 3791
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