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
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) 1,4, 10, 14-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 114060255 A to Chen, Shu-Mei et al. (Chen).
In Reference to Claim 1 and 15
Chen discloses:
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A fluid delivery device, comprising:
a fluid chamber 63 having a first end and a second end, the fluid chamber partially defined by a first one-way valve 5 at the first end, a second one-way valve 2 at the second end, a first wall A comprising a magnetorheological elastomer, and a second wall B opposite from the first wall; and
an electromagnetic actuator 1 disposed adjacent to the fluid chamber and configured to apply a magnetic field;
wherein the fluid chamber is adjustable between a first configuration and a second configuration, wherein, upon application of the magnetic field, (i) the first wall deforms towards an interior of the fluid chamber, (ii) the first one-way valve closes (step 2 above in fig.2, and
(iii) the second one-way valve opens, thereby placing the fluid chamber in the second configuration and moving a fluid in a flow direction from the first end to the second end and out of the fluid chamber, step 2, in Fig.2.
In Reference to Claim 4
Chen discloses:
where each of the first one-way valve and the second one-way valve are duckbill valves, see fig.2.
In Reference to Claim 10
Chen discloses:
wherein the first and second one-way valves and the second wall comprise a base matrix (e.g., silicon), wherein magnetorheological elastomer of the first wall comprises a base matrix (e.g., silicon) and micro- or nano-sized ferromagnetic iron particles embedded within the base matrix, see background the body is made of silica gel.
In Reference to Claim 14
Chen discloses:
at least one side wall extending between the first wall and the second wall, the at least one side wall further defining the fluid chamber.
In Reference to Claim 16
Chen discloses:
A method of fabricating the fluid delivery device of claim 1.
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.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 114060255 A to Chen, Shu-Mei et al. (Chen) in view of CN 109185107 B to Li Ping et al. (Li Ping)
In Reference to Claim 11
Chen does not disclose
where the first wall comprises polydimethylsiloxane (PDMS).
Li Ping discloses:
In order to reduce the surround the resistance action of the flow of liquid metal the material of the substrate and cover plate are made of PDMS or Silica Gel.
At the time claimed invention was filed it would have been obvious to an artisan of ordinary skill to try PDMS as a material for the first wall, combine the teachings of Lin Ping with Chen, since this would enable the practitioner of the primary reference to practice the advantage of improving the resistance of flow of material of Chen within the passage.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 114060255 A to Chen, Shu-Mei et al. (Chen)
In Reference to Claim 13
Chen does not disclose:
wherein the fluid is a medication.
Chen discloses all of the structural limitations of claim 1, as best understood by the Examiner. As all of the structural limitations are disclosed, fluid is a medication is capable of being executed. The recitation of the intended use of a claimed invention must result in a structural difference between the claimed invention as the prior art to patentably distinguish the claimed invention from the prior art. As Chen is capable of performing the intended use of the claimed invention, and the recitation of the intended use does not result in a structural difference, Chen discloses all of the limitations of claim 13.
At the time claimed invention was filed it would have been obvious to an artisan of ordinary skill to recognize that the pump of Chen is capable of pumping medication as its fluid.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 114060255 A to Chen, Shu-Mei et al. (Chen) in view of NPL (High efficiency 3D printed electromagnetic micropump with a synchronous active valve - ScienceDirect)
In Reference to Claim 17
Chen discloses:
Fluid delivering via a micropump driven by magnetic field.
Chen does not disclose:
A method of fabricating a fluid delivery device having a valve system and a magnetorheological elastomer, the method comprising:
3D printing the valve system using a base material; and
3D printing the magnetorheological elastomer on a first wall of the fluid delivery device, the magnetorheological elastomer being integrally formed with the base material of the valve system.
NPL discloses:
Micropump being constructed by a using 3D printing technology by using a elastic material for micropump fabrication.
At the time claimed invention was filed it would have been obvious to an artisan of ordinary skill to fabricate the micropump of Chen using 3D printing technology, combine the teachings of NPL with Chen, since this would enable the practitioner of the primary reference to practice the advantage of making complex and design of Chen into reality.
Allowable Subject Matter
Claims 2, 3, 5-8, 11, 12 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, primarily because the prior art of record cannot anticipate Applicant’s claimed invention by a single reference nor render Applicant’s claimed invention obvious by the combination of more than one reference..
The following is a statement of reasons for the indication of allowable subject matter:
Furthermore, the prior art of record does not teach “wherein each of the first one-way valve and the second one-way valve comprises:
a flap valve protrusion extending a first distance from the first wall into the interior of the fluid chamber along a first axis, the first axis being substantially perpendicular to the first wall; and
a base support extending a second distance from the second wall into the interior of the fluid chamber along a second axis, the second axis being substantially parallel to the first axis, the first axis being offset from the second axis along the flow direction closer to the second end;
wherein, in the first configuration, the distance between the first wall and the second wall is less than the sum of the first distance and the second distance such that the flap protrusion and the base support overlap to define a gap.” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 2;
The prior art of record does not teach “where each of the first one-way valve and the second one-way valve comprises:
a first protrusion integrally coupled to the first wall, the first protrusion comprising:
a first connector portion coupled to and extending out from the first wall;
a first contoured portion coupled to the connector portion, the contoured portion extending (i) along the flow direction from the first end towards the second end of the fluid chamber and (ii) at least partially towards the second wall at an angle with respect to the flow direction; and
a first valve tip coupled to the contoured portion, the valve tip extending along the flow direction; and a second protrusion coupled to the second wall immediately opposite the first protrusion;
wherein the second protrusion is substantially similar to the first protrusion such that the first valve tip is disposed adjacent and parallel to a second valve tip of the second protrusion, the first valve tip and the second valve tip defining a gap. ” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 5; and
The prior art of record does not teach “a third one-way valve, wherein the fluid chamber is a first fluid chamber, the second and third one-way valves defining a second fluid chamber disposed further along the flow direction with respect to the first fluid chamber; and a second electromagnetic actuator disposed adjacent to the second fluid chamber. ” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 7.
The prior art of record does not teach “a plurality of one-way valves defining a plurality of fluid chambers with a corresponding plurality of electromagnetic actuators, wherein a plurality of magnetic fields are applied and removed sequentially to (i) move each of the plurality of fluid chambers between a first and second configuration, and (ii) move fluid between the plurality of fluid chambers along the flow direction. ” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 9
The prior art of record does not teach “wherein the magnetorheological elastomer is isotropic or non-isotropic.” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 12
Therefore, the prior art of record cannot anticipate Applicant’s claimed invention by a single reference nor render Applicant’s claimed invention obvious by the combination of more than one reference.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY AYALA DELGADO whose telephone number is (571)270-3452. The examiner can normally be reached on Mon-Fri 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark III Laurenzi can be reached on (571) 270-7878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY AYALA DELGADO/
Primary Examiner, Art Unit 3746
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