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 .
Election/Restrictions
Applicant’s election without traverse of Species A, Figure 1, claims 48, 50-55, 57-60 and 62 in the reply filed on March 24, 2026 is acknowledged. Claims 49, 56, 61 and 63-67 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Claim Objections
Claims 48, 50-55 and 57-60 are objected to because of the following informalities:
In claim 48 lines 5 and 6, “the sealed chamber” would be clearer if written as --the sealed electrolytic chamber-- as previously recited multiple times, to provide consistency.
In claim 60 line 2, “the chamber” would be clearer if written as --the sealed electrolytic chamber-- as previously recited multiple times, to provide consistency.
Appropriate correction is required.
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.
Claims 48, 50, 52-54 and 57-60 are rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent 5,062,834 to Gross in view of U. S. Patent 5,318,557 to Gross.
Referring to claim 48, Gross ‘834 teaches an actuator comprising:
a sealed electrolytic chamber (502b), wherein the sealed electrolytic chamber (502b) includes a first portion and a compliant portion (504) at least partially enclosing an interior of the sealed electrolytic chamber (502b) (Figure 10, annotated below; col. 5 line 63 - col. 6 line 17, wherein it would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, that the electrolytic chamber 502b in the actuator taught by Gross ‘834 must be sealed in order for the gas produced therein to cause movement of the compliant portion 504 as disclosed, furthermore if the chamber was not sealed, it would also contain drug 502a and the drug would be contaminated with the electrolyte which is not safe); and
a first electrode (one of the two electrodes 508a) extending from an exterior of the sealed electrolytic chamber (502b) (from power supply unit 530 in the adjacent chamber) to an interior of the sealed electrolytic chamber (502b) through the first portion (Figure 10, annotated below; col. 5 line 63 - col. 6 line 17).
[AltContent: textbox (External Surface of First Portion)][AltContent: textbox (Internal Surface of First Portion)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Through Hole)][AltContent: textbox (Through Hole)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second Layer)][AltContent: textbox (First Portion)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Sealed Electrolytic Chamber)]
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Annotation of Gross ‘834 Figure 10.
Gross ‘834 is silent as to the material of and therefore rigidity of the first portion. Gross ‘557 teaches a pump comprising:
a rigid first portion (2) (Figures 1 and 2; col. 3 lines 4-68, wherein the disclosed pills, capsules, polyethylene and polycarbonate can be made or are rigid).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the actuator taught by Gross ‘834 with the rigid material of the first portion taught by Gross ‘557 in order to allow the force generated by the electrolytic chamber to force fluid out of the reservoir, instead of deforming the first portion (which is necessary for the pump to operate as disclosed), and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Referring to claim 50, Gross ‘834 and Gross ‘557 teach an actuator comprising all the limitations of claim 48, as detailed above, and Gross ‘834 further teaches an actuator comprising:
a second electrode (the other one of the two electrodes 508a) extending from the exterior of the sealed electrolytic chamber (502b) (from power supply unit 530 in the adjacent chamber) to the interior of the sealed electrolytic chamber (502b) through the first portion (Figure 10, annotated above; col. 5 line 63 - col. 6 line 17).
As detailed above, Gross ‘557 teaches the first portion being rigid.
Referring to claim 52, Gross ‘834 and Gross ‘557 teach an actuator comprising all the limitations of claim 48, as detailed above, and Gross ‘834 further teaches an actuator comprising:
a reservoir (502a) configured to contain a liquid (the “drug”) attached to the sealed electrolytic chamber (502b), wherein the compliant portion (504) of the sealed electrolytic chamber (502b) forms at least a portion of the reservoir (502a) such that deformation of the compliant portion (504) into an interior of the reservoir (502a) displaces the liquid out of the reservoir (502a) (Figure 10, annotated above; col. 5 line 63 - col. 6 line 17).
Referring to claim 53, Gross ‘834 and Gross ‘557 teach an actuator comprising all the limitations of claim 48, as detailed above, and Gross ‘834 further teaches an actuator wherein:
the compliant portion (504) comprises a first membrane (Figure 10, annotated above; col. 5 line 63 - col. 6 line 17, wherein the compliant portion is a rolling diaphragm which is a membrane).
Referring to claim 54, Gross ‘834 and Gross ‘557 teach an actuator comprising all the limitations of claim 53, as detailed above, and Gross ‘834 further teaches an actuator comprising:
a second layer attached to the sealed electrolytic chamber (502b) such that a volume disposed between the first membrane (504) and the second layer forms a reservoir (502a) configured to contain a liquid (Figure 10, annotated above; col. 5 line 63 - col. 6 line 17).
Referring to claim 57, Gross ‘834 and Gross ‘557 teach an actuator comprising all the limitations of claim 48, as detailed above, and Gross ‘834 further teaches an actuator comprising:
a through hole extending from an exterior surface of the first portion to an interior surface of the first portion (Figure 10, annotated above; col. 5 line 63 - col. 6 line 17, wherein the space that allows the passage of the electrodes forms a through hole).
As detailed above, Gross ‘557 teaches the first portion being rigid.
Referring to claim 58, Gross ‘834 and Gross ‘557 teach an actuator comprising all the limitations of claim 57, as detailed above, and Gross ‘834 further teaches an actuator comprising:
a seal disposed on, or in, the through hole (at a minimum the close fit of the first portion around electrodes provides a seal; and furthermore, it would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, that the through hole formed for the electrodes 508a in the Gross ‘834 actuator must be sealed in order for the gas produced in the electrolytic chamber 502b to cause movement of the compliant portion 504 as disclosed, as explained above (Figure 10, annotated above; col. 5 line 63 - col. 6 line 17).
Referring to claim 59, Gross ‘834 and Gross ‘557 teach an actuator comprising all the limitations of claim 48, as detailed above, and Gross ‘834 further teaches an actuator comprising:
an electrolyte (508b) disposed in the sealed electrolytic chamber (502b) that decomposes to generate a gas when exposed to a predetermined voltage potential and/or current (Figure 10, annotated above; col. 5 line 63 - col. 6 line 17).
Referring to claim 60, Gross ‘834 and Gross ‘557 teach an actuator comprising all the limitations of claim 48, as detailed above, and Gross ‘834 further teaches an actuator comprising:
wherein the compliant portion (504) is configured to extend at least partially into an interior of the sealed electrolytic chamber (502b) in an initial configuration (Figure 10, annotated above; col. 5 line 63 - col. 6 line 17).
Claim 51 is rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent 5,062,834 to Gross in view of U. S. Patent 5,318,557 to Gross and U. S. Patent Publication 2008/0039792 to Meng.
Referring to claim 51, Gross ‘834 and Gross ‘557 teach an actuator comprising all the limitations of claim 50, as detailed above, but Gross ‘834 does not teach interdigitated electrodes. Gross ‘557 appears to show first (112) and second (113) electrodes interdigitated in Fig. 8, but is otherwise silent as to such. Meng teaches an actuator wherein:
first (320) and second (330) electrodes are interdigitated (Fig. 11-13A; paragraphs [0058]-[0062]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the actuator taught by Gross ‘834 with the interdigitated electrodes taught by Meng in order to “advantageously ensure that the material 340 is in electrical communication with both the first electrode 320 and the second electrode 330” (Meng paragraph [0062]).
Claim 55 is rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent 5,062,834 to Gross in view of U. S. Patent 5,318,557 to Gross and U. S. Patent 5,785,688 to Joshi.
Referring to claim 55, Gross ‘834 and Gross ‘557 teach an actuator comprising all the limitations of claim 54, as detailed above, but do not teach the second layer being a membrane. Joshi teaches an actuator wherein:
a second layer (240) is a second membrane (“flexible material”) (Figures 11 and 12; col. 10 lines 19-43).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the actuator taught by Gross ‘834 with the second layer membrane taught by Joshi in order to provide flexibility for the priming of the pump by pushing on the second layer (Joshi col. 10 lines 40-43).
Claim 62 is rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent 5,062,834 to Gross in view of U. S. Patent 5,318,557 to Gross and U. S. Patent Publication 2007/0290404 to Hecht.
Referring to claim 62, Gross ‘834 and Gross ‘557 teach an actuator comprising all the limitations of claim 48, as detailed above, but do not teach the sealed electrolytic chamber overmolded onto a portion of a second electrode. Hecht teaches an actuator wherein:
a first portion (4) of a chamber is overmolded onto a portion of an electrode (1), wherein the electrode (1) is exposed to the interior of the chamber (Figures 1-7; paragraphs [0058]-[0068]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the actuator taught by Gross ‘834 the chamber overmolded onto a portion of the electrode taught by Hecht in order to secure and seal the perimeter of the electrode (paragraphs [0058]-[0068]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Meng teaches a similar actuator as claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN MATTHEW LETTMAN whose telephone number is (571)270-7860. The examiner can normally be reached Monday-Friday 8am-4pm.
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/BRYAN M LETTMAN/Primary Examiner, Art Unit 3746
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