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 § 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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 27-45 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20200200012 A1 to Schumacher et al. (hereinafter “Schumacher”).
Regarding claim 27. (Original) Schumacher discloses a rotor for a pump (para 0103, 0110, figs 2-3, rotor 13), the rotor comprising: at least one rotor blade (para 0110 “blades 19, 20”), a hub (para 0110 “hub 13a”), and an axis of rotation (fig 3, “axis of rotation 21”), wherein at least a portion of the at least one rotor blade extends from the hub along a first axis that is offset a predetermined distance from a radial axis of the rotor that traverses the axis of rotation (para 0121-0122, 0124, figs 6-7; it is understood that at least a portion of the blade would be extending along an axis that is offset from a radial axis line drawn to traverse the axis of rotation), wherein the at least one rotor blade is expandable and compressible relative to the hub (para 0121-0122, 0124, figs 6-7).
Regarding claim 28. (Currently Amended) Schumacher discloses the rotor of claim 27, wherein the at least one rotor blade includes a convex side and a concave side (para 0084, figs 6-7).
Regarding claim 29. (New) Schumacher discloses the rotor of claim 28, wherein the convex side is a suction side and the concave side is a pressure side (para 0084).
Regarding claim 30. (New) Schumacher discloses the rotor of claim 28, wherein, when the rotor is compressed to a compressed state, the concave side of the at least one rotor blade is laid against an exterior of the hub (para 0110 “The blades can be folded in almost completely against the hub 13 a in the compressed first state.”).
Regarding claim 31. (New) Schumacher discloses the rotor of claim 28, wherein the first axis is offset from the radial axis in a direction of the convex side of the at least one rotor blade (figs 6-7; arbitrary drawing the axis line to be in a direction of the convex side).
Regarding claim 32. (New) Schumacher discloses the rotor of claim 28, wherein, at the at least a portion of the at least one rotor blade, the convex side extends tangentially from the hub (figs 6-7, 10, 15).
Regarding claim 33. (New) Schumacher discloses the rotor of claim 28, wherein, at the at least a portion of the at least one rotor blade, the concave side is offset from the radial axis in a direction of the convex side of the at least one rotor blade (figs 6-7, 10, 15; MPEP 2143 “obvious to try”).
Regarding claim 34. (New) Schumacher discloses the rotor of claim 27, wherein the hub is cylindrically shaped (fig 3).
Regarding claim 35. (New) Schumacher discloses the rotor of claim 27, wherein a first end of the hub is tapered with respect to a second end of the hub (fig 3).
Regarding claim 36. (New) Schumacher discloses the rotor of claim 27, wherein the rotor is formed from a single material (para 0022, 0153).
Regarding claim 37. (New) Schumacher discloses the rotor of claim 27, further comprising at least one second rotor blade that extends from the hub along a second axis that is offset a predetermined distance from the radial axis of the rotor, wherein the first axis and second axis are offset to opposite sides of the radial axis (para 0110 “blades 19, 20”, fig 3).
Regarding claim 38. (New) Schumacher discloses the rotor of claim 27, wherein the at least one rotor blade is helically wound around the hub (para 0022, 0137, figs 9a-9h).
Regarding claim 39. (New) Schumacher discloses the rotor of claim 38, wherein the at least one rotor blade includes a constant helical pitch (obvious choice in shape; see In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration [] was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.)).
Regarding claim 40. (New) Schumacher discloses the rotor of claim 38, wherein the at least one rotor blade includes a varied pitch along a length of the hub (obvious choice in shape; see In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration [] was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.)).
Regarding claim 41. (New) Schumacher discloses the rotor of claim 27, wherein the first axis is substantially parallel to the radial axis (arbitrary drawing an axis to be substantially parallel; the claim further does not require any details regarding what it considers to be “substantially parallel”.).
Regarding claim 42. (New) Schumacher discloses the rotor of claim 27, wherein the pump is a heart pump (para 0104).
Regarding claim 43. (New) Schumacher discloses the rotor of claim 27, wherein, in an uncompressed state of the rotor, the at least a portion of the at least one rotor blade extends from the hub toward an outer edge of the at least one rotor blade along the first axis (para 0121-0122, 0124, figs 6-7.
Regarding claim 44. (New) Schumacher discloses the rotor of claim 27, wherein the radial axis of the rotor orthogonally traverses the axis of rotation (arbitrary drawing an axis; MPEP 2143).
Regarding claim 45. (New) Schumacher discloses the rotor of claim 27, wherein the first axis is eccentric with respect to a center of the hub and substantially parallel to the radial axis (arbitrary drawing an axis; MPEP 2143).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20130177432 A1 to Toellner et al..
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/SANA SAHAND/Examiner, Art Unit 3796
