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) 7 - 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barry (US PGPUB 2022/0152377 – in IDS).
Regarding claim 7, Barry discloses a system (e.g. Fig 7) comprising: a blood pump (e.g. 600, Fig. 7; ¶ 47): and a delivery system (e.g. Fig. 7; ¶ 49) configured to deliver an oxygenated fluid to at least one of the blood pump (e.g. ¶ 50) and a ventricle of a patient (e.g. ¶ 50-51), the delivery system including a fluid line having a first lumen (e.g. 626, Fig. 7).
Regarding claim 8, Barry discloses the first lumen is configured to be insulated to maintain a temperature of the oxygenated fluid along a length of the first lumen (e.g. ¶ 49-50).
Regarding claim 9, Barry discloses the fluid line includes a purge fluid line (e.g. ¶ 47) operably coupled to a motor section of the blood pump (e.g. ¶ 36).
Regarding claim 10, Barry discloses the oxygenated fluid is configured to pass through the motor section of the blood pump (e.g. ¶ 36, 48).
Regarding claim 11¸ Barry discloses the oxygenated fluid is configured to exit the motor section into a ventricle of a patient (e.g. ¶ 36, 50-51).
It is noted that the oxygenated fluid is not positively recited. The device of Barry is capable of delivering an oxygenated fluid.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 – 6, 12 – 19, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barry in view of Creech et al. (WO 2023/173080 – in IDS).
Regarding claims 1 and 21, Barry discloses a system and method, comprising: a blood pump (e.g. ¶ 47); a catheter (e.g. 605, Fig. 7) operably coupled to the blood pump (e.g. ¶ 47); and a purge fluid line (e.g. 626) including a first lumen configured to deliver a purge fluid to a motor section (e.g. ¶ 47) of the blood pump, at least a portion of the purge fluid line extending along the catheter (Fig. 7), but fails to teach the purge fluid is an oxygenated purge fluid.
Creech teaches it is known to use a pump configured to pump oxygenated fluid to a patient (e.g. ¶ 5, 7, 119). It would have been obvious to one having ordinary skill in the art to modify the fluid as taught by Barry with an oxygenated fluid as taught by Creech, since such a modification would provide the predictable results of increasing oxygen in the blood of the patient to better treat the patient.
Regarding claims 2 – 4 and 6¸ Barry discloses the purge fluid line as claimed and previously discussed and described above (e.g. ¶ 48-51).
Regarding claim 5, Barry discloses a controller configured to control delivery of the purge fluid (e.g. ¶ 49).
Regarding claims 12 – 19, Barry discloses the claimed invention as previously described. Creech teaches it is known to use a pump configured to pump oxygenated fluid to a patient (e.g. ¶ 5, 7, 119). It would have been obvious to one having ordinary skill in the art to modify the fluid as taught by Barry with an oxygenated fluid as taught by Creech, since such a modification would provide the predictable results of increasing oxygen in the blood of the patient to better treat the patient.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer McDonald can be reached at 571-270-3061. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH M DIETRICH/Primary Examiner, Art Unit 3796
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