Prosecution Insights
Last updated: July 17, 2026
Application No. 19/003,148

SYSTEMS AND METHODS FOR PUMP-ASSISTED BLOOD CIRCULATION

Non-Final OA §102§103
Filed
Dec 27, 2024
Priority
Sep 18, 2020 — provisional 63/080,509 +4 more
Examiner
ROBLES, EILEEN
Art Unit
3792
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Cdx Medical Technologies LLC
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 0 resolved
-70.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
Avg Prosecution
16 currently pending
Career history
10
Total Applications
across all art units

Statute-Specific Performance

§103
91.7%
+51.7% vs TC avg
§102
4.2%
-35.8% vs TC avg
§112
4.2%
-35.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 resolved cases

Office Action

§102 §103
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 04/03/2026 is being considered by the examiner. The information disclosure statement (IDS) submitted on 12/27/2024 is being considered by the examiner, however NPL titled “International Search Report in PCT/US2021/050925, dated January 3, 2022 (12 pages)” was not placed in the application file, therefore it has not been considered. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 18, 22, 24-25, 28, 30, and 37 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-5, 7, and 28 of U.S. Patent No. 11400276 B2 in view of Benkowski et al. (US 5947892 A), hereinafter Benkowski. The claims of the instant application and the claims of the reference patent are compared in the table below. Instant Application US 11400276 B2 Claim 18 Claim 1 An apparatus for pumping blood, the apparatus comprising: a pump housing having an outer wall radially disposed about a longitudinal pump axis, An apparatus for pumping blood, the apparatus comprising: a pump housing having an outer wall radially disposed about a longitudinal pump axis, the pump housing having an upstream end and a downstream end and configured to allow blood to flow through the pump housing; the pump housing having an upstream end and a downstream end; an impeller positioned between the upstream end and the downstream end of the pump housing, said impeller configured to rotate within the pump housing to move blood from the upstream end to the downstream end within the pump housing; an impeller positioned between the blood flow straightener and the diffuser within the pump housing, the impeller including a plurality of impeller blades; and a pump drive positioned circumferentially about the pump housing and configured to create a magnetic field to cause the impeller to rotate, wherein the pump drive is not in direct contact with the blood flowing through the pump housing. and a pump drive positioned circumferentially about the impeller and configured to impart a rotational motion to the impeller by applying a magnetic field to the impeller; wherein the impeller is supported by an upstream bearing that cooperates with an upstream bearing mount portion of the blood flow straightener and a downstream bearing that cooperates with a downstream bearing mount portion of the diffuser; wherein the outer wall of the pump housing includes an externally threaded portion and a flanqed portion, and wherein a tube stretcher is configured to modify a dimension of the pump housing by being threaded onto the externally threaded portion and abutting the flanged portion 28. The apparatus of claim 18, further comprising: a blood flow straightener having a plurality of fins, said blood flow straightener positioned in the pump housing upstream from the impeller, said blood flow straightener secured to the pump housing by the plurality of fins. 1. a blood flow straightener having a plurality of fins and positioned in the upstream end of the pump housing and secured to the pump housing by the plurality of fins; 22. The apparatus of claim 18, further comprising: a diffuser having a plurality of diffuser fins and positioned in the pump housing downstream from the impeller, said diffuser configured to convert rotational blood flow within the pump housing to axial blood flow. 1. a diffuser having a plurality of diffuser fins and positioned in the downstream end of the pump housing and secured to the pump housing by the plurality of diffuser fins; 24. The apparatus of claim 18, wherein the impeller includes a plurality of impeller blades, and wherein the plurality of impeller blades includes:a plurality of helically wound blades having a first pitch in an upstream portion of the impeller that is less than a second pitch at a downstream portion of the impeller. 4. The apparatus of claim 1, wherein the plurality of impeller blades includes a plurality of helically wound blades having a first pitch in an upstream portion of the impeller that is less than a second pitch at a downstream portion of the impeller. 25. The apparatus of claim 24, wherein the impeller includes a plurality of impeller blades, and wherein the plurality of impeller blades includes: a plurality of arcuate blades positioned between the plurality of helically wound blades on the downstream portion of the impeller, each arcuate blade extending along the longitudinal pump axis a distance less than a distance that each impeller blade extends along the longitudinal pump axis. 5. The apparatus of claim 4, wherein the plurality of impeller blades further includes a plurality of arcuate blades positioned between the plurality of helically wound blades on the downstream portion of the impeller, each arcuate blade extending along the longitudinal pump axis a distance less than a distance that each impeller blade extends along the longitudinal pump axis. 30. The apparatus of claim 18, further comprising:a power source; and a controller in communication with the power source; wherein the pump drive includes a stator, and wherein the pump drive is electrically connected to the power source and the controller to selectively provide power to the stator. 7. The apparatus of claim 1, further comprising: a power source; and a controller in communication with the power source; wherein the pump drive includes a stator, and wherein the pump drive electrically connected to the power source and the controller to selectively provide power to the stator. Claim 31 Claim 18 An apparatus for pumping blood, the apparatus comprising: a pump housing radially disposed about a longitudinal pump axis, An apparatus for pumping blood, the apparatus comprising: a pump housing having an outer wall radially disposed about a longitudinal pump axis, the pump housing having an upstream end and a downstream end and configured to allow blood to flow through the pump housing; the pump housing having an upstream end and a downstream end; an impeller positioned between the upstream end and the downstream end of the pump housing, said impeller configured to rotate with the pump housing to move blood from the upstream end to the downstream end within the pump housing, wherein the impeller includes a magnet; an impeller positioned between the blood flow straightener and the diffuser within the pump housing, the impeller including a plurality of impeller blades; and a pump drive configured to create a magnetic field configured to interact with the magnet to cause the impeller to rotate. and a pump drive positioned circumferentially about the impeller and configured to impart a rotational motion to the impeller by applying a magnetic field to the impeller; wherein the outer wall of the pump housing includes an externally threaded portion and a flanged portion, and wherein a tube stretcher is configured to modify a dimension of the pump housing by being threaded onto the externally threaded portion and abutting the flanged portion. 37. The apparatus of claim 31, further comprising: a blood flow straightener having a plurality of fins, said blood flow straightener positioned in the pump housing upstream from the impeller, said blood flow straightener secured to the pump housing by the plurality of fins. 18. a blood flow straightener having a plurality of fins and positioned in the upstream end of the pump housing and secured to the pump housing; a diffuser having a plurality of diffuser fins and positioned in the downstream end of the pump housing and secured to the pump housing; Claim 1 of the reference patent recites all the limitations of claim 18 of the instant application except “impeller configured to rotate within the pump housing to move blood from the upstream end to the downstream end within the pump housing” and “wherein the pump drive is not in direct contact with the blood flowing through the pump housing”. However, Benkowski teaches another apparatus comprising an impeller (Fig. 1, element 55 – impeller) configured to rotate within the pump housing (Fig. 1, element 12 - pump housing) to move blood from the upstream end to the downstream end (Fig. 1, element 36 - pump inlet, Fig. 1, element 40 - pump outlet) within the pump housing (abstract (blood flow path… a rotor mounted within the pump housing for rotation in response to the stator magnetic field, the rotor comprising an inducer and an impeller)). It would have been obvious to person of ordinary skill in the art before the effective filing date of the claimed invention to have the impeller rotate within the pump housing to move blood from upstream to downstream end, as disclosed in Benkowski, within the apparatus of claim 1 of the reference patent. Doing so enables the impeller to rotate to allow the blood to flow throughout the housing. Additionally, it would have been obvious to person of ordinary skill in the art before the effective filing date of the claimed invention to have the pump drive not in direct contact with the blood flowing through the pump housing, as disclosed in Benkowski, within the apparatus of claim 1 of the reference patent. Doing so isolates the pump drive from exposure to the blood flow, preventing possible interferences and damages to the components within the blood housing. Claims 4-5 recite the same limitations as claims 24-25 of the instant application. Claim 7 recites the same limitations as claim 28 of the instant application. Claim 1 recites the same limitations as claim 30 of the instant application. Claim 18 of the reference patent recites all the limitations of claim 31 of the instant application except “said impeller configured to rotate with the pump housing to move blood from the upstream end to the downstream end within the pump housing, wherein the impeller includes a magnet”. However, Benkowski teaches another apparatus comprising an impeller (Fig. 1, element 55 – impeller) configured to rotate within the pump housing (Fig. 1, element 12 - pump housing) to move blood from the upstream end to the downstream end (Fig. 1, element 36 - pump inlet, Fig. 1, element 40 - pump outlet) within the pump housing (abstract (blood flow path… a rotor mounted within the pump housing for rotation in response to the stator magnetic field, the rotor comprising an inducer and an impeller)), wherein the impeller includes a magnet (Fig. 1, element 82). It would have been obvious to person of ordinary skill in the art before the effective filing date of the claimed invention to have the impeller rotate within the pump housing to move blood from upstream to downstream end, as disclosed in Benkowski, within the apparatus of claim 1 of the reference patent. Doing so enables the impeller to rotate to allow the blood to flow throughout the housing. It would have been obvious to person of ordinary skill in the art before the effective filing date of the claimed invention to have magnet within the impeller, as disclosed in Benkowski, within the apparatus of claim 1 of the reference patent. Doing so would provide a magnetic interaction between the magnet and the magnetic field generated by the pump drive, allowing the impeller to rotate and allow blood to flow through the pump housing. Claim 18 of the reference patent recites all the limitations of claim 37 of the instant application. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 18, 20, 22-31, and 33-37 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Benkowski et al. (US 5947892 A), hereinafter Benkowski. Regarding claim 18, Benkowski teaches an apparatus for pumping blood (Fig. 1, element 10 – rotary blood pump, col. 1, lines 16-18 (axial-flow rotary blood pump… to assist in pumping blood)), the apparatus comprising: a pump housing (Fig. 1, element 12 - pump housing) having an outer wall (col. 3, line 24 (outer surface of the pump housing) radially disposed about a longitudinal pump axis, the pump housing having an upstream end and a downstream end and configured to allow blood to flow through the pump housing (Fig. 1, element 36 - pump inlet, Fig. 1, element 40 - pump outlet); an impeller positioned between the upstream end and the downstream end of the pump housing (Fig. 1, element 55 – impeller), said impeller configured to rotate within the pump housing to move blood from the upstream end to the downstream end within the pump housing (abstract (blood flow path… a rotor mounted within the pump housing for rotation in response to the stator magnetic field, the rotor comprising an inducer and an impeller)); and a pump drive (Fig. 1, element 80 – stator)positioned circumferentially about the pump housing and configured to create a magnetic field to cause the impeller to rotate (col. 9, lines 45-47 (Stator 80 generates a rotating magnetic field which magnets and thus rotor 46 follow to produce motion), col. 6, lines 39-40 (impeller portion is disposed in the rear part of the rotor)), wherein the pump drive is not in direct contact with the blood flowing through the pump housing (Fig. 1, element 80 – stator [outside pump housing]. Regarding claim 20, Benkowski teaches the apparatus of claim 18, wherein the impeller includes a magnet (Fig. 1, element 82 – magnets) positioned at a center of the impeller, said magnet configured to couple with the magnetic field (col. 9, lines 45-47 (Stator 80 generates a rotating magnetic field which magnets 82 and thus rotor 46 follow to produce motion)). Regarding claim 22, Benkowski teaches the apparatus of claim 18, further comprising: a diffuser (Fig. 1, element 20 – diffuser) having a plurality of diffuser fins (Fig. 1, element 38 – blades) and positioned in the pump housing downstream from the impeller (col. 2, lines 22-23 (diffuser is located within the flow tube downstream of the impeller)), said diffuser configured to convert rotational blood flow within the pump housing to axial blood flow (col. 6, line 14 (redirects the outflow at blood flow path exit axially)). Regarding claim 23, Benkowski teaches the apparatus of claim 22, wherein the impeller is configured to rotate relative to the diffuser (col. 2, lines 21-22 (diffuser is located within the flow tube downstream of the impeller), col. 6, lines 12-13 (diffuser… de-accelerates and redirects the outflow at blood flow path exit)). Regarding claim 24, Benkowski teaches the apparatus of claim 18, wherein the impeller includes a plurality of impeller blades (Fig. 1, element 54 - impeller blades), and wherein the plurality of impeller blades includes: a plurality of helically wound blades having a first pitch in an upstream portion of the impeller that is less than a second pitch at a downstream portion of the impeller (Fig. 3, element 70, Fig. 3, element 68, col. 7, lines 45-47 (Impeller blades 54 include axially longer impeller blades, such as longer blade 68, and axially shorter impeller blades, such as shorter blade 70)). Regarding claim 25, Benkowski teaches the apparatus of claim 24, wherein the impeller includes a plurality of impeller blades (Fig. 1, element 54 - impeller blades), and wherein the plurality of impeller blades includes: a plurality of arcuate blades (Fig. 3, element 66 - blade tailing region) positioned between the plurality of helically wound blades on the downstream portion of the impeller, each arcuate blade extending along the longitudinal pump axis a distance less than a distance that each impeller blade extends along the longitudinal pump axis (Fig. 3). Regarding claim 26, Benkowski teaches the apparatus of claim 18, wherein the impeller is supported by an upstream bearing and a downstream bearing (Fig. 1, element 24 - front bearing, Fig. 1, element 42 - rear bearing). Regarding claim 27, Benkowski teaches the apparatus of claim 18, further comprising: a front bearing mount positioned in the upstream end of the pump housing and secured to the pump housing (Fig. 1, element 24 - front bearing, col. 5, lines 29-31 (front and rear clamps are used to secure flow straightener… within pump housing), col. 5, lines 42-46 (flow straightener… can provide a support structure for front bearing assembly)); and a rear bearing mount positioned in the downstream end of the pump housing (Fig. 1, element 42- rear bearing) and secured to the pump housing (col. 5, lines 29-31 (front and rear clamps are used to secure… diffuser within pump housing), col. 6, lines 12-16 (diffuser… serves as a support structure for the rear rotor bearing)) wherein the impeller has a plurality of helically wound blades and is positioned between the front bearing mount and the rear bearing mount within the pump housing (Fig. 3, element 70, Fig. 3, element 68). Regarding claim 28, Benkowski teaches the apparatus of claim 18, further comprising: a blood flow straightener having a plurality of fins (Fig. 1, element 18 - flow straightener, Fig. 1, element 26 – blades), said blood flow straightener positioned in the pump housing upstream from the impeller (Fig. 1), said blood flow straightener secured to the pump housing by the plurality of fins (col. 5, lines 40-41 (securing the flow straightener... to the housing 12 is by interference fit) col. 5, lines 55-56 (blade is sloped from inner housing wall)). Regarding claim 29, Benkowski teaches the apparatus of claim 28, wherein the plurality of fins (Fig. 1, element 26 – blades) have a teardrop- shaped cross section with a curved upstream edge and a pointed downstream edge (Fig. 1). Regarding claim 30, Benkowski teaches the apparatus of claim 18, further comprising: a power source (col. 10, lines 45-47 (control system and pump can be supplied with power by batteries)); and a controller in communication with the power source (Fig. 5, element 100 - control system); wherein the pump drive includes a stator (Fig. 1, element 80 – stator), and wherein the pump drive is electrically connected to the power source and the controller to selectively provide power to the stator (col. 9, line 45 (control system applies current to stator)). Regarding claim 31, Benkowski teaches an apparatus for pumping blood (Fig. 1, element 10 – rotary blood pump, col. 1, lines 16-18 (axial-flow rotary blood pump… to assist in pumping blood)), the apparatus comprising: a pump housing (Fig. 1, element 12 - pump housing) radially disposed about a longitudinal pump axis (col. 2, lines 66-67 (inducer, the impeller, and the diffuser preferably all have a common longitudinal axis [components within the pump housing])), the pump housing having an upstream end and a downstream end and configured to allow blood to flow through the pump housing (Fig. 1, element 36 - pump inlet, Fig. 1, element 40 - pump outlet); an impeller positioned between the upstream end and the downstream end of the pump housing (Fig. 1, element 55 – impeller), said impeller configured to rotate within the pump housing to move blood from the upstream end to the downstream end within the pump housing (abstract (blood flow path… a rotor mounted within the pump housing for rotation in response to the stator magnetic field, the rotor comprising an inducer and an impeller)); wherein the impeller includes a magnet (Fig. 1, element 82); and a pump drive configured to create a magnetic field configured to interact with the magnet to cause the impeller to rotate (col. 9, lines 45-47 (Stator 80 generates a rotating magnetic field which magnets and thus rotor 46 follow to produce motion), col. 6, lines 39-40 (impeller portion is disposed in the rear part of the rotor)). Regarding claim 33, Benkowski teaches the apparatus of claim 31, wherein the magnet is positioned at a center of the impeller (Fig. 1, element 82 – magnets). Regarding claim 34, Benkowski teaches the apparatus of claim 31, further comprising: a diffuser (Fig. 1, element 20 – diffuser) having a plurality of diffuser fins (Fig. 1, element 38 – blades) and positioned in the pump housing downstream from the impeller (col. 2, lines 22-23 (diffuser is located within the flow tube downstream of the impeller)), said diffuser configured to convert rotational blood flow within the pump housing to axial blood flow (col. 6, line 14 (redirects the outflow at blood flow path exit axially)). Regarding claim 35, Benkowski teaches the apparatus of claim 34, wherein the impeller is configured to rotate relative to the diffuser (col. 2, lines 21-22 (diffuser is located within the flow tube downstream of the impeller), col. 6, lines 12-13 (diffuser… de-accelerates and redirects the outflow at blood flow path exit)). Regarding claim 36, Benkowski teaches the apparatus of claim 31, wherein the impeller is supported by an upstream bearing and a downstream bearing (Fig. 1, element 24 - front bearing, Fig. 1, element 42 - rear bearing). Regarding claim 37, Benkowski teaches the apparatus of claim 31, further comprising: a blood flow straightener having a plurality of fins (Fig. 1, element 18 - flow straightener, Fig. 1, element 26 – blades), said blood flow straightener positioned in the pump housing upstream from the impeller (Fig. 1), said blood flow straightener secured to the pump housing by the plurality of fins (col. 5, lines 40-41 (securing the flow straightener... to the housing 12 is by interference fit) col. 5, lines 55-56 (blade is sloped from inner housing wall)). 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. Claims 19, 21, and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Benkowski and in further view of Bonde et al. (US 20170340789 A1), hereinafter Bonde. Regarding claim 19, Benkowski teaches the apparatus of claim 18. Benkowski does not explicitly teach wherein the impeller includes a two-pole magnet configured to couple with the magnetic field. Bonde teaches wherein an impeller (Fig. 4A, element 404 – impeller) including a two-pole magnet (Fig. 4A, element 410 – magnet, para. 0038 (2-pole magnet)) configured to couple with the magnetic field (para. 0039 (pump operates by the magnetic field coupling of magnets)). Benkowski and Bonde are considered to be analogous to the claimed invention because they are in the same field of providing ventricular circulation assistance. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Benkowski’s magnet to incorporate the teachings of Bonde and provide a two-pole magnet. Benkowksi teaches a magnet has multiple magnetic poles, but does not explicitly disclose two poles (col. 7, lines 48-49). Therefore, incorporating the two-pole, as taught by Bonde, would have yielded the predictable result of magnetic operation of the impeller using a common pole configuration. Regarding claim 21, Benkowski teaches the apparatus of claim 20. Benkowski does not teach wherein the magnet is rod-shaped and extends axially through the center of the impeller. Bonde teaches wherein a magnet is rod-shaped (para. 0038 (magnet can have any suitable shape, including…. cylindrical)) and extends axially through the center of the impeller (Fig. 4A, element 404 – impeller). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Benkowski’s magnet to incorporate the teachings of Bonde and provide a rod-shaped magnet. Benkwoski does not explicitly disclose a rod-shaped magnet, therefore incorporating the shape taught by Bonde would have been a predictable design choice for mounting the magnet within the impeller. Such a modification merely involves the substitution of a known magnet geometry to obtain the expected result of magnetic actuation of the impeller. Regarding claim 32, Benkowski teaches the apparatus of claim 31. Benkowski does not teach wherein the magnet is a two-pole magnet. Bonde teaches wherein a magnet is a two-pole magnet (Fig. 4A, element 410 – magnet, para. 0038 (2-pole magnet)). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Benkowski’s magnet to incorporate the teachings of Bonde and provide a two-pole magnet. Benkowksi teaches a magnet has multiple magnetic poles, but does not explicitly disclose two poles (col. 7, lines 48-49). Therefore, incorporating the two-pole, as taught by Bonde, would have been an obvious selection from a finite number of known magnetic pole arrangements capable of producing the required magnetic coupling. Such a modification would have yielded the predictable result of magnetic operation of the impeller using a common pole configuration. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant' s disclosure. Stotz et al. (US 20220241580 A1), is another example of an implantable blood pump. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EILEEN ROBLES whose telephone number is (571)429-9383. The examiner can normally be reached Monday-Friday: 8:00 - 5:00 PM. 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, Niketa Patel can be reached at (571) 272-4156. 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. /EILEEN ROBLES/Examiner, Art Unit 3792 /William J Levicky/Primary Examiner, Art Unit 3796
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Prosecution Timeline

Dec 27, 2024
Application Filed
Jun 30, 2026
Non-Final Rejection mailed — §102, §103 (current)

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