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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in France on 10/11/2023. It is noted, however, that applicant has not filed a certified copy of the FR2310861 application as required by 37 CFR 1.55.
Information Disclosure Statement
The Information Disclosure Statement(s) have been reviewed by the examiner and are found to comply with the provisions of 37 CFR 1.97, 1.98, and MPEP § 609.
Drawings
The drawing(s) have been reviewed by the examiner and are found to comply with the provisions of 37 CFR 1.81 to 1.85.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites the limitation "a piezoelectric pump", “the piezoelectric dynamic effect”, and “the frequency excitation”. There is incorrect and/or insufficient antecedent basis for these limitations in the claim.
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 – 9 and 14 –15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tolmie (US 20150233879) in view of Jackson (US 20220296845) in view of Higashiyama (US 20160038699).
1. Tolmie discloses a Nitric Oxide (NO) delivery apparatus ([0037 – 0038]) comprising: a main gas circuit for conveying an NO-containing gas (see Fig. 1a, 105, 127, 129, [0040], [0051]) an analysis line (124, [0057]) comprising a NO/NO.sub.2 measuring device configured to perform NO and/or NO.sub.2 concentration measurements on the NO-containing gas within said analysis line (108, 110, [0056], [0057]), and a controller connected to said NO/NO.sub.2 measuring device (120, see Fig. 1a, [0056]) and configured to process the NO and/or NO.sub.2 concentration measurements performed by said NO/NO.sub.2 measuring device ([0061], [0065], [0042]), characterized in that: the analysis line comprises a suction device (116) controlled by the controller configured to suction gas at a selected suction flow rate (see [0057], [0130], [0042]).
However, Tolmie does not disclose that the suction device is a piezoelectric suction device comprising a piezoelectric pump. Nonetheless, Jackson discloses a Nitric Oxide delivery apparatus (see Fig. 2, 60, [0184]) comprising a main gas circuit for conveying the NO-containing gas (treatment flow 93, see [0184]), and an analysis line comprising a NO/NO2 measuring device (sample line 98 with NO sensors 104, see [0184]), the delivery apparatus comprising a piezoelectric pump for gas propulsion through the system to provide the flow of reactant or product NO gas through the system (see [0380]). Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to modify the suction device of Tolmie according to the piezoelectric pump of Jackson for the benefit of silently providing a steady flow of gas for measurement from the system, see [0380].
However, Tolmie as modified by Jackson does not explicitly discloses the piezoelectric pump controlled by the controller configured to provide gas a selected flow rate, the controller is further configured to control an electric field generator, which is configured to generate an electric field at an excitation frequency of at least 20 kHz, the piezoelectric pump comprises at least one piezoelectric material chosen from materials capable of deforming proportionally to an electric field applied to said piezoelectric material, and said piezoelectric material is configured to be subjected to said electric field generated by the electric field generator, so as to expand or retract under the effect of the electric field applied, thereby generating a phenomenon of suction or expulsion of gas by the piezoelectric pump. Nonetheless, Higashiyama discloses a piezoelectric pump (101, see Figs. 3 – 6, [0075]) controlled by the controller configured to provide gas a selected flow rate ([0112]), the controller is further configured to control an electric field generator (119 and/or 72/63), which is configured to generate an electric field at an excitation frequency of at least 20 kHz (see [0083], [0106 – 0108], [0113], the alternating current drive voltage generates the electric field at 20 kHZ across the piezoelectric material; see also electrical contacts 63/72 in Fig. 4, [0106] for generating the electric field), the piezoelectric pump comprises at least one piezoelectric material chosen from materials capable of deforming proportionally to an electric field applied to said piezoelectric material ([0146], [0057], note also claim 7 below) and said piezoelectric material is configured to be subjected to said electric field generated by the electric field generator, so as to expand or retract under the effect of the electric field applied (see [0057], [0083], [0106 – 0108], [0113], the alternating current drive voltage generates the electric field at 20 kHZ across the piezoelectric material, causing it to expand and retract at the frequency) thereby generating a phenomenon of suction or expulsion of gas by the piezoelectric pump (see [0106, 0107], Figs. 6a, 6b). Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to modify the piezoelectric pump of Tolmie in view of Jackson with piezoelectric frequency control as taught in Higashiyama for the benefit finely regulating the generation of flow, thus also reducing manufacturing cost, electric power construction, and sound. See [0112 - 0114] in Higashiyama.
2. Tolmie as modified discloses the apparatus according to claim 1, characterized in that the piezoelectric material has a crystalline or ceramic structure (see Higashiyama, [0098]).
3. Tolmie as modified discloses the apparatus according to claim 1, characterized in that the given suction flow rate is less than 400 ml/min (see Higashiyama, [0113], the excitation frequency provides a flow rate of 200 ml/min).
4. Tolmie as modified discloses the apparatus according to claim 1, characterized in that the controller is configured to control electric field generator to generate an electric field at an excitation frequency between 20 and 30 kHz (see Higashiyama, [0083]).
5. Tolmie discloses the apparatus according to claim 1, characterized in that the NO/NO.sub.2 measuring device comprises an NO sensor and a separate NO.sub.2 sensor ([0056]).
6. Tolmie as modified discloses the apparatus according to claim 1, characterized in that the piezoelectric material comprises at least one metal (see Higashiyama, [0098]).
7. Tolmie as modified discloses the apparatus according to claim 6, characterized in that the piezoelectric material comprises lead zirconate titanate (PZT) (see Higashiyama, [0098]).
8. Tolmie as modified discloses the apparatus according to claim 1, characterized in that the piezoelectric suction device comprise a piezoelectric suction pump configured to exploit, during its operation, the piezoelectric dynamic effect resulting from the frequency excitation (see Higashiyama, [0098], the piezoelectric dynamic changes in expansion and contraction occur as a result of the alternating current drive).
9. Tolmie as modifed discloses the apparatus according to claim 1, characterized in that said at least one piezoelectric material is layered onto a metal substrate in order to form a piezoelectric membrane (see Higashiyama, [0097 – 0098], vibration plate 39 in Fig. 5).
However, Higashiyama does not explicitly disclose the membrane having a surface area of at least 30 mm.sup.2. Nonetheless, Higashiyama discloses that the pump comprises a surface area of 400 m^2, see [0090], in which the piezoelectric membrane closely matches the surface area of the pump dimensions, see Fig. 4. The dimensions are understood to result in the appropriate delivery of volume by the pump, see [0111]. Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to modify the piezoelectric membrane of Higashiyama within the surface area of 30 mm^2 as such feature is reasonably illustrated in the drawings, based on the specification at hand, and provides the benefit of appropriate delivery of flow/volume. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. Additionally, the description of the article pictured can be relied on, in combination with the drawings, for what they would reasonably teach one of ordinary skill in the art (MPEP 2125.)
14. Tolmie as modified discloses the apparatus according to claim 9, characterized in that the piezoelectric membrane is supplied with alternating electric current (see Higashiyama, [0107]).
15. Tolmie discloses an installation for administering gas to a patient (P), comprising: an NO delivery apparatus for supplying an NO-containing gas according to claim 1 (see claim 1 above), a medical ventilator for supplying an oxygen-containing gas (104, see [0039], [0054]), a patient circuit to which the NO delivery apparatus and the medical ventilator are fluidically connected (127 and 129, see Fig. 1a), and a proximal flow rate sensor arranged on the patient circuit and electrically connected to the medical ventilator (see [0053-0054]).
Claim(s) 10 – 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tolmie (US 20150233879) in view of Jackson (US 20220296845) in view of Higashiyama (US 20160038699) in view of Ky (US 20200129709).
10. Tolmie as modified discloses the apparatus according to claim 1, and furthermore discloses that the electric field generator comprises a drive circuit at the selected drive frequency for supplying an alternating current to the piezoelectric pump (see Higashiyama, [0106, 0107]).
However, Higashiyama does not explicitly disclose an electric current converter. Nonetheless, Ky discloses a medical ventilator using a piezoelectric transducer, where an electric current converter is used to supply an alternating current to the piezoelectric transducer, see [0050]. Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to modify the piezoelectric pump of Tolmie in view of Jackson and Higashiyama with the electric power converter of Ky for the benefit of driving the piezoelectric pump at the selected drive frequency using a converter that can leverage direct power such as that typically supplied by a battery.
11. Tolmie as modified discloses the apparatus according to claim 10, characterized in that the electric current converter is supplied with direct electric current (see Ky, [0050]).
12. Tolmie as modified discloses the apparatus according to claim 11, characterized in that the current converter is configured to convert the direct current to alternating current at a given frequency ((see Ky, [0050]).
13. Tolmie as modified discloses the apparatus according to claim 11, characterized in that the controller is configured to control the value of the frequency of variation of the alternating current of the electric current converter (see Higashiyama, 0112 – 0113], [0083]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20230330367 – piezo pump in vent
US 20140275857 – piezo pump in vent
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY H PHILIPS whose telephone number is (571)270-5180. The examiner can normally be reached 8:00 - 5:00 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799
