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
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 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) 1 – 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tuval et al. (US PGPUB 2022/0072297 – in IDS).
Regarding claims 1, 11, and 17, Tuval discloses a circulatory support system (e.g. ABSTRACT, ¶ 8) comprising: a blood pump (e.g. ¶ 9) comprising: a driven component (e.g. impeller 50); and a motor (e.g. motor unit 23) in communication with the driven component and configured to drive the driven component to pump a blood flow through the blood pump (e.g. ¶ 242); one or more sensors (e.g. 84) configured to sense a value related to a speed of the motor (e.g. ¶ 242 – 253); a controller (e.g. control console 21, 25) in communication with the motor and the one or more sensors configured to sense the value related to the speed of the motor (e.g. ¶ 242 – 245), and wherein the controller is configured to output a command signal to the motor to drive the driven component and determine one or more values related to the blood flow pumped through the blood pump based on the value related to the speed of the motor and the command signal (e.g. ¶ 242 – 253).
Regarding claims 2 – 4, 12, 13, and 18, Tuval discloses the one or more values related to the blood flow through the blood pump include a flow rate of the blood flow through the blood pump wherein the one or more values related to the blood flow through the blood pump includes a left ventricular pressure and the controller is configured to determine the left ventricular pressure based on the motor torque and the motor mechanical loss (e.g. ¶ 242 – 253).
Regarding claims 5 – 7, 14, 16, 19 and 20, Tuval discloses wherein the one or more values related to the blood flow through the blood pump includes a left ventricular pressure wherein the controller is further configured to: determine a motor torque based on the command signal and the value related to the speed of the motor; determine a motor mechanical loss based on the value related to the speed of the motor; and wherein the pressure drop is determined based on the motor torque and the motor mechanical loss (e.g. ¶ 242 – 253).
Regarding claim 8, Tuval discloses the controller is configured to adjust the command signal based on the one or more values related to the blood flow pumped through the blood pump (e.g. ¶ 242 – 248).
Regarding claim 9, Tuval discloses the controller is configured to output an indication of a sufficiency of the blood pump for pumping blood from a left ventricle to an aorta based on the one or more values related to the blood flow pumped through the blood pump (e.g. ¶ 242 – 243).
Regarding claims 10 and 16, Tuval discloses the command signal comprises a voltage level (e.g. ¶ 242 – 253).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH M DIETRICH whose telephone number is (571)270-1895. The examiner can normally be reached Mon - Fri 8:00-5:00.
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/JOSEPH M DIETRICH/ Primary Examiner, Art Unit 3796
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