throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In Re the Application of:
`
`Inventors:
`
`Benjamin McCloskey etal.
`
`Confirmation No:
`
`Serial No.:
`
`14/523,104
`
`Group Art Unit:
`
`3190
`
`2855
`
`Filed:
`
`24 October 2014
`
`Examiner:
`
`Philip L. Cotey
`
`Title:
`
`FATIGUE TESTING SYSTEM
`FOR PROSTHETIC DEVICES
`
`
`DocketNo.:
`
`P201384.US.05
`
`AMENDMENTB AND RESPONSE TO OFFICE ACTION
`
`MAIL STOP AMENDMENT
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Dear Commissioner:
`
`In responseto the Office Action dated 20 March 2015, please amend the above-
`
`identified application as follows:
`
`Claim Amendments begin on page 2 of this paper.
`
`Remarks/Arguments begin on page 5 of this paper.
`
`4822-5681 -6933
`
`PAGE 1 OF 12
`
`{
`
`WATERS TECHNOLOGIES CORPORATION
`
`EXHIBIT 1007
`
`WATERS TECHNOLOGIES CORPORATION
`EXHIBIT 1007
`
`PAGE 1 OF 12
`
`

`

`Docket No. P201384.US.05
`
`CLAIM AMENDMENTS
`
`The following listing of claims replacesall prior versions andlistings of claims in this
`
`application. Additional terms are presented in underline text and deleted terms areindicated in
`
`strikethreugh text or are enclosedin [[double brackets]].
`
`1.
`
`(Currently Amended) A method for operating an accelerated cyclic test system for
`
`evaluating a valved prosthetic device comprising
`
`driving a test system fluid cyclically above a normal physiological rate, at an accelerated
`
`pulsed rate of greater than 200 beats per minute within the test system:
`
`storing a volume of test system fluid in an excess volume area during a system driving
`
`stroke that opens the valved prosthetic device; and
`
`releasing the stored volume of test system fluid during a return stroke that closes the
`
`valved prosthetic device.
`
`2.
`
`(Original) The method of claim 1, wherein the excess volume area enlargesin
`
`response to a pressureon the test system fluid during the driving stroke and decreases during
`
`the return stroke.
`
`3.
`
`(Previously Presented) The method of claim 2, wherein the excess volume area
`
`provides a spring force counter to and in responseto the pressure on the test system fluid.
`
`4.
`
`(Original) The methodof claim 3 further comprising altering a spring factor of the
`
`spring force provided by the excess volume area through selection of a material forming at least
`
`a portion of a boundary of the excess volume area.
`
`5.
`
`(Original) The method of claim 4, wherein the material is an elastomeric material
`
`that expands and contracts in response to the pressure on the test system.
`
`6.
`
`(Previously Presented) The method of claim 1, further comprising compressing a
`
`volume of a compressible gas with the volume of test system fluid to provide a spring force
`
`counter to and in response to a pressureon the test system fluid when the volume oftest
`
`system fluid is stored in the excess volume area.
`
`7.
`
`(Original) The methodof claim 6 further comprising altering a spring factor of the
`
`spring force provided by the excess volume area by adjusting the volume of the compressible
`
`gas.
`
`4822-5681 -6933
`
`PAGE 2 OF 12
`
`PAGE 2 OF 12
`
`

`

`Docket No. P201384.US.05
`
`8.
`
`(Withdrawn) A device for accelerated cyclic testing of a valved prosthetic device
`
`comprising
`
`a pressurizable test chamberfor containing test system fluid and further comprising
`
`a fluid distribution chamberpositioned on a first side of the valved prosthetic
`
`device and in fluid communication with a pressure source;
`
`a fluid return chamber positioned on a second side of the valved prosthetic
`
`device;
`
`a fluid return conduit both structurally and fluidily connecting the fluid distribution
`
`chamberto the fluid return chamber; and
`
`an excess volume areain fluid communication with the fluid return chamber
`
`providing a volume for storing a volume of a test system fluid when the test system fluid is under
`
`compression.
`
`9.
`
`(Withdrawn) The device in claim 8 further comprising
`
`a drive motor; and
`
`a fluid displacement member connected with and driven by the drive motor to provide
`
`the pressure source that increases and decreases a pressure on the test system fluid in the test
`
`chamber.
`
`10.|(Withdrawn) The device of claim 8, wherein the excess volume area enlargesin
`
`response to compression of the test system fluid and decreases during depressurization of the
`
`test system fluid.
`
`11.|(Withdrawn) The device of claim 8 further comprising an elastomeric material
`
`that forms at least a portion of a boundary of the excess volume area and that expands and
`
`contracts in response to changesin pressure on the test system fluid within the test chamber.
`
`12.
`
`(Withdrawn) The device of claim 8, wherein the excess volume area further
`
`contains a volume of a compressible gas that is compressed by the volume of the test system
`
`fluid to provide a spring force when the volume of the test system fluid is stored in the excess
`
`volume area.
`
`13.|(Withdrawn) The device of claim 8, wherein the excess volume area comprises a
`
`compliance chamber defining a cavity within the fluid return chamber.
`
`4822-5681 -6933
`
`PAGE 3 OF 12
`
`PAGE 3 OF 12
`
`

`

`14.
`
`(Withdrawn) The device of claim 13 further comprising an elastomeric
`
`membrane separating at least a portion of the compliance chamberfrom fluid in the fluid return
`
`chamber.
`
`Docket No. P201384.US.05
`
`15.|(Withdrawn) The device of claim 13 further comprising a porous material at least
`
`partially filling the compliance chamber.
`
`16.
`
`(Withdrawn) The device of claim 13, wherein the compliance chamber provides
`
`a volume for holding a gas or elastomeric material that compresses under a pressure placed
`
`upon the test system fluid in the test chamber and allows the test system fluid in the test
`
`chamberto occupy a portion of the volume in the compliance chamber.
`
`17.|(Withdrawn) The device of claim 8, wherein
`
`the test chamberdefinesa first port on a first side of the valved prosthetic device anda
`
`second port on a second side of the valved prosthetic device; and
`
`the first port and the second port are configured to receive one or more sensor devices.
`
`18.|(Withdrawn) The device of claim 9, wherein the drive motor is configured to
`
`operate cyclically, acyclically, or a combination of both, to provide cyclic and acyclic fluid
`
`pressures within the test chamber.
`
`19.|(Withdrawn) The device of claim 9, wherein the drive motor comprisesa linear
`
`motor.
`
`20.
`
`(Withdrawn) The device of claim 9, wherein the fluid displacement member
`
`further comprisesa flexible rolling bellows connected to a shaft of the drive motor.
`
`4822-5681 -6933
`
`PAGE 4 OF 12
`
`PAGE 4 OF 12
`
`

`

`Docket No. P201384.US.05
`
`REMARKS
`
`This Responseis consideredfully responsive to the Office Action mailed 20 March 2015.
`
`Claims 1-20 are pending in the application. Claims 8-20 are withdrawn. Claims 1-7 stand
`
`rejected.
`
`In this Response, claim 1
`
`is amended. Reexamination and reconsideration are
`
`requested.
`
`Interview Summary
`
`Applicant thanks the Examiner and Supervisory Examiner Lisa Caputofor their time on 7
`
`May 2015 and participation in a telephone interview with the undersigned and Craig Weinberg,
`
`Ph.D., one of the inventors.
`
`Dr. Weinberg discussedthe differences between the invention claimed in claims 1-77
`
`and the prior art references of record, namely, Pickard and Lundell et al. Dr. Weinberg noted
`
`that Pickard discloses a “real-time” test system (e.g., operating at physiologic rates on the order
`
`of 72 beats per minute, or 1.2 Hz) for hydrodynamic performancetesting of heart valves to
`
`characterize and define their anticipated fluid mechanical performance post implantation Dr.
`
`Weinberg noted that Pickard’s disclosure is thus not an accelerated durability testing system
`
`(e.g., operating at rates 2 3.5 Hz or 200 beats/cycles per minute) like the presently claimed
`
`invention and trying to cycle the Pickard system faster would frustrate the purpose of the testit
`
`is trying to perform (i.e., characterizing valve performance in a simulated circulatory system
`
`under whichthe valve is to be used) while not being able to perform the accelerated durability
`
`weartesting of the claimed invention. Dr. Weinberg also discussed the different purpose of
`
`system compliance betweenthe claimed durability test system and the hydrodynamic
`
`performance system of Pickard. Dr. Weinberg noted that in the Pickard system, complianceis
`
`used to shape the systemic pressure waveform and modify the systemic pressures to mimic the
`
`responseofthe circulatory system distensiblity (e.g., arterial vascular compliance) and create a
`
`physiological relevant environmentto characterize the prosthetic heart valve performance.
`
`In
`
`contrast, Dr. Weinberg noted the purposeof the excess volume area as claimed in the method
`
`of independent claim 1
`
`is to prevent or minimize the kinetic energy of fluid flow generated by the
`
`system driver from translating into high static fluid pressure in the test system during the
`
`accelerated frequencytesting.
`
`The Examiner expressed concern that the term “accelerated” in the preamble of claim 1
`
`wasinsufficient to differentiate the types of test systems disclosedin the cited prior art from the
`
`test system in which the claimed method operates. While Applicant disagreed with this
`
`analysis, the Applicant and Examiner discussed possible amendmentsto provide the clarity
`
`4822-5681 -6933
`
`PAGE 5 OF 12
`
`PAGE 5 OF 12
`
`

`

`Docket No. P201384.US.05
`
`sought by the Examiner. Applicant noted that the ISO 5840 Standard provides guidelines for
`
`the accelerated durability testing of heart valves and that the industry(i.e., a person of ordinary
`
`skill in the art) recognizes an “accelerated” valve test system to mean a system that cycles
`
`faster than a normal physiological rate.
`
`It was discussed that the typical upper end of a normal
`
`physiological rate is above 200 beats per minute. The Examiner agreedthat a limitation
`
`describing the system environment as being greater than 200 beats per minute would be
`
`sufficient to address this concern with the claim.
`
`Continuation Application
`
`Applicant asserts that no argumentsor disclaimers made in the parent application no.
`
`12/718,316 apply to this continuation/divisional application and, consequently, it is asked that
`
`the Examiner review the present set of claims in view of all of the prior art of record and any
`
`search that he deems appropriate. Applicant presumes the Examiner has consideredthe file
`
`history in parent application no. 12/718,316 and has determined anyrejections therein not
`
`expressly madein the prosecution of the present application to be immaterial to the present
`
`application.
`
`Rejections Under 35 U.S.C. §102
`
`The Examiner has rejected claims 1-3 and 6-7 under 35 U.S.C. §102(b) as being
`
`anticipated by Pickard (U.S. Patent No. 4,682,491). Applicant respectfully traversesthis
`
`rejection for at least the following reasons.
`
`Pickard discloses a system and methodfor testing heart valves “prior to implant in the
`
`human body” as a “mockcirculatory loop.” (See Pickard, Abstract.) Pickard states that “the
`
`presentinvention is particularly useful for mimicking the humancirculatory system so that a
`
`heart valve may be placed therein, tested and observed for determining the suitability of the
`
`valve for actual implantation.” (See, Pickard, 1:9-14.) Pickard “seeks to provide a mechanical
`
`analog for the humancirculatory system, including the heart, arteries, veins and capillaries so
`
`that a prosthetic valve may be tested and observedprior to use in the human body.” (Pickard
`
`7:8-13; see also 3:9-57.) Thus, Pickard discloses a system and related methodologiesfor real-
`
`time testing of cardiac valves to examine fluid mechanical performancein a facsimile circulatory
`
`system, not a method in an accelerated system as claimed for the purposes of evaluating leaflet
`
`wear and implant durability over hundredsof millions of cycles in the expectedlifetime of a
`
`valve.
`
`As is well knownto persons of ordinary skill in the art of cardiac valve testing, real-time
`
`and accelerated testing have completely different requirements and use completely different
`
`4822-5681 -6933
`
`PAGE6 OF 12
`
`PAGE 6 OF 12
`
`

`

`Docket No. P201384.US.05
`
`methodologies for testing. For example, in Section 6.2.1 of the ISO 5840 Standard, Table 1
`
`specifies the “physiological parameters of the intended patient population” including the “Heart
`
`Rate: 30 beats/min to 200 beats/min.” These parameters define the physiological conditions of
`
`operation of heart valve devicesfor the intended patient population.
`
`6.2.4 Operational specifications
`
`
`
`
`& of operation,
`
`5 iteris
`:
`
`far heert
`
`Table i—Heart vaive substitute operational environment
`
`
`Parameter Description
`
`Sunraunding Medan:
`
`Temperature:
`
`Heari rate:
`30 berts/irun to SOO beatsATin
`
`Canes autogt 3 Yimin io $5 rain
`
`Strake volume:
`
` AartAgs
`mm Ha
`
`ram Ho
`Normofansive
`780 fo f36
`8S te 8S
`gh
`TES
`
`
`Hypoternsive
`
`ao
`
`40
`
`50
`
`8a
`
`
`340 to $58
`30 to 88
`Y23
`
`
`
`
`
`
`
`
`
`
`400 fa FOS
`
`#38
`
`VEOfa
`{55
`as
`
`Stage 4 ivery severe:
`~ BT8
`S320
`BS
`2
`TAXHTUN
`380
`60
`2a
`3a0
`Extreme
`pressure
`2 cyele}
`
`
`ANSI/AMMI/ISO 5840, “Cardiovascular Implants—Cardiac valve prostheses,” American National
`
`StandardsInstitute, Inc. (2005).
`
`Section 7.2.4.2 of ISO 5840 specifically discusses the numberof anticipated test cycles
`
`i.e., at least 400 million cycles for stiff or artificial valve leaflets or at least 200 million cycles for
`
`tissue valve leaflets, for durability testing. An excerpt is presented below.
`
`4822-5681 -6933
`
`PAGE 7 OF 12
`
`PAGE 7 OF 12
`
`

`

`Docket No. P201384.US.05
`
`7.242 Bevice durability assessment
`
`An assessment of the durability of tha fwert valve subsituiets) shall be pariarmmed in amer to ASSESS enminuead
`
`funclon over a reasonable ifiefime. Unless the labeding for a particular devine includes an exidicd siatemant
`about
`anicigated ay vivo device hfetime, festing shall be performed te demonstrate reasanahle assurance that ng
`2g
`yalve substitutes will remain functional far 400 milfion cycles and that flexible heart valve subsittules wil remam
`
`functional for 200 onion cyches. i te iabeding for a particular device inchudasan explicit stakement about anticipeted
`a2 wo devine Hetioe, lasting shall be gperormed fo supoor the tabeling claim.
`
`
`Testing shall be performed on at least three eachof the largest, medium, and smadiest sizes of each type (acrtic and
`mitral) of heayi valve subsiffule. One squivalant size reference valve shall be tested under identical conditions for
`euch valve sine iasied.
`
`Tests shall be paromedat a defined diflerantial pressure consistant with normotensive conditions specified in: Table
`Yt. Dunng the “durability testing,
`the definad target peak dlfereniial pressure across the closed valve shall be
`
`
`mantianied far 95 % of more of all ihe bast cycles.
`Each fest valve shai excerence a differanial pressure equal tou
`
`
`
`greater ihan the defined cifferential pressure
`o OF ye of ihe curation of each cyck:. Hf seric and mitral heart
`Vvahe suoshtiv]es ara identical
`
`for the sewing cuff, festing need onfy be performed under ths
`in design exeoapt
`differential pressure comaitions defined for the mitral valve.
`‘
`iyche rates used for accelerated and quasi-rest time Bunabilly testing should be jusifned fram the resulis of the ask
`
`analysis. Morsidaration should be given to the behaviar of time-dependentmateviais when selecting and justifying
`apprognate cycle rates.
`
`Id.
`
`If such cycle testing for durability were performed at normal heart rates, the testing would
`
`take between 6 and 12 years. Moreover,the third paragraph demonstrates there are no
`
`requirements on the pressure waveform shapeduring testing, to wit: “Each test valve shall
`
`experience a differential pressure equal to or greater than the defined differential pressure for
`
`5% or more duration of the cycle.” Therefore the waveform shapeis not intended to be
`
`physiological, rather it simply has to meetthis requirement for differential pressure loading and
`
`thus is not designed to mimic the circulatory system asis the goal in Pickard. The 4th
`
`paragraph of this section demonstrates that the term ‘accelerated’ is common vernacularto
`
`those versed in the art of heart valve development and testing and, sinceit will need to be
`
`‘justified,’ it assumesthat it is within a condition that is not standard physiological conditions.
`
`Additionally, ISO 5840, Annex L, describes the requirements for real-time test systems
`
`(e.g., the Pickard system) and defines that testing should be conductedin a “pulse duplicator
`
`that produces pressures and flow waveforms that approximate physiological conditions....” Id.
`
`Notably, this is not a requirement for durability testing as set forth in ISO 5840, Annex M. Id.
`
`Thus, while the conceptof using a compliance chamberto store excess volume oftest
`
`fluid in a real-time, physiologically accurate, cardiac valve test system is well knownfor the
`
`purpose of substituting for the arteries of the humancirculatory system (in fact, complianceis
`
`required by ISO 5840 in Annex L and detailed guidelines for compliant chambers are provided
`
`in Annex F), a method in an accelerated cyclic test system that uses an excess volume area is
`
`entirely new. As described in the specification of this application, “the compliance chambers
`
`135 assist in minimizing the effects of large and quickly changing pressure gradients(i.e.,
`
`pressure loading or pressure spikes) across test samples 130 placed within the test chamber
`
`4822-5681 -6933
`
`PAGE 8 OF 12
`
`PAGE 8 OF 12
`
`

`

`Docket No. P201384.US.05
`
`106.” (See, § 0061.)
`
`In methodologies of prior commercial accelerated test systems, there were
`
`no specific design elements or system features to address this phenomenon of pressurespikes,
`
`which weretherefore viewed as an accepted drawbackassociated with testing at accelerated
`
`rates. As described in the present application, the compliance chamber may also be usedto
`
`fine-tune the pressure gradient across the valve sample being tested. The prior art of record
`
`fails to teach the claimed methodin the context of an accelerated cyclic test system. None of
`
`these concerns, goals, or solutions addressed and achievedby the claimed method are
`
`contemplated or recognized in the prior art of record. Thus, Pickard cannot be held to anticipate
`
`the invention of claim 1 because a method performed within an accelerated cyclic test system
`
`was not even a consideration in the context of the disclosure of Pickard.
`
`Further, with respect to Pickard, a piston pump is disclosed to drive the disclosed
`
`system. A piston pump may be adequatefor a real-time (i.e., ~1.2 Hz) valve performancetest
`
`system. However, it has significant drawbacksin the context of an accelerated test system
`
`such as claimed in claim 1. For example, recall the ISO 5840 standard requirement that the
`
`valved prostheses be loaded through 200,000,000test cycles for biologic prosthesesor
`
`400,000,000 test cycles for synthetic prostheses. This extremely high cycle requirement
`
`prohibits the use of a standard piston with seal(s) as a driver since because O-rings, cup seals,
`
`and other standard seal structures wear out before the completion of a single test run. (See
`
`Declaration of Craig Weinberg, Ph.D., 4 10.)
`
`(Note: This declaration was submitted during the
`
`prosecution of the parent application to this continuation application.) Further, the friction
`
`caused bythe interference between the piston, seal, and chamber generate heat within the test
`
`system and additional wear on the components anddriver (Id.).
`
`Dependentclaims 2, 3, 6, and 7 depend upon and contain all the limitations of
`
`independent claim 1. For at least the reasons discussed abovein connection with independent
`
`claim 1, the Applicant respectfully submits that dependentclaims 2, 3, 6, and 7 are allowable.
`
`The Applicant makes this statement without waiving any independent basesfor patentability in
`
`claims 2, 3, 6, and 7. The Applicant reserves the right to separately argue the patentability of
`
`dependent claims 2, 3, 6, and 7 in a subsequently filed response, if necessary.
`
`The Applicant therefore requests reconsideration and withdrawalof the rejection of
`
`claims 1-3, 6, and 7 under 35 U.S.C. § 102.
`
`4822-5681 -6933
`
`PAGE 9 OF 12
`
`PAGE 9 OF 12
`
`

`

`Docket No. P201384.US.05
`
`Rejections Under 35 U.S.C. §103
`
`The Examiner has rejected claims 4 and 5 under 35 U.S.C. §103(a) as being
`
`unpatentable over Pickard, in view of Lundell et al. (U.S. Publication No. 2002/0116054 A1).
`
`Applicant respectfully traverses the rejection.
`
`Initially, Applicant asserts that dependentclaims 4 and 5 depend upon and contain all
`
`the limitations of independent claim 1. For at least the reasons discussed abovein connection
`
`with independent claim 1, the Applicant respectfully submits that dependentclaims 4 and 5 are
`
`allowable. The Applicant makes this statement without waiving any independent basesfor
`
`patentability in claims 4 and 5.
`
`As noted, the deficiencies of Pickard with respect to claim 1 are equally applicable to
`
`claims 4 and 5 which depend therefrom. Lundell et al. fails to remedy the deficiencies of
`
`Pickard. Lundell et al. also discloses a real time system (e.g., 50 to 120 bom; see Lundell et al.,
`
`{ 0109) for testing medical devices “to more closely approximate natural biological conditions in
`
`which pulsedflow circulatesfluid... without use of a pump that directly applies pulsatile forces to
`
`the fluid.” (Lundell et al., § 0044.) “Conditions in the flow system can be adjusted to mimic the
`
`conditions in a patient’s cardiovascular system... [and] can also be usedto test and evaluate
`
`cell attachment andproliferation in association with a prosthesis or cell culture support matrix.”
`
`(See Lundell et al., ¢ 0047; see also J 0052 (“pulsed flow similar to in vivo conditions”).) Lundell
`
`et al. is thus not an accelerated testing system (e.g., cycles >= 2.5 Hz)like the presently claimed
`
`invention. Cycling the Lundell et al. system faster would frustrate the purposeofthe testit is
`
`trying to perform (i.e., “circulating blood, cell culture medium or otherfluids containing viable
`
`cells...for seeding biocompatible materials with viable cells...to produce prostheses with
`
`associated cells”; see Lundell et al., § 0046) while not being able to perform the accelerated
`
`durability wear testing of the claimed invention.
`
`The design shownin Figs. 12 and 13 of Lundell et al. depicts a test system using a
`
`shakertable to provide translational motion of fluid (110) across the valves (264, 266) in tubes
`
`(252, 254). The ends of the tubes are connectedto reservoirs (256, 258), which, in one
`
`embodiment, may expand and contract to accommodate changing fluid volume asthe fluid
`
`movesfrom one side of the valves to the other.
`
`In this embodiment, the reservoirs must be able
`
`to accommodatethis excess volume because one of the valves will be closed depending upon
`
`direction of the movementof the system and the fluid will back up behind it.
`
`The device of Lundell et al. cannot have a “driving stroke”or “return stroke” as required
`
`by claim 1 because Lundell et al. expressly disavowsuse of a pulsatile pump after describing
`
`problems with such a pump for its real-time physiologic testing purposes. (See Lundell et al.,
`
`4822-5681 -6933
`
`PAGE 10 OF 12
`
`10
`
`PAGE 10 OF 12
`
`

`

`Docket No. P201384.US.05
`
`{ 0044 (“standard pulsed pumpstend to damage cells”).) The embodimentidentified by the
`
`examiner uses, as noted, a shaker table to mechanically translate fluid flow from one side of the
`
`device to the other.
`
`In general, Lundell et al. states that it causes flow by moving the test
`
`system with respectto the fluid within the system (i.e., it uses a “swashplate” or a “shakertable”)
`
`or it uses a constant flow pump.
`
`In contrast, the claimed method expressly operates by driving
`
`a pulsed flow with a driving stroke and a return stroke.
`
`Further, the combination of Lundell with Pickard et al. is improper and the purported
`
`motivation to combine is fallacious. Pickard expressly requires a pulsatile pump. Lundell et al.
`
`expressly disavowsthe use of a pulsatile pump. Thus, there would be no motivation
`
`whatsoever to attempt to achieve “laminar flow” in Pickard as argued by the Examiner. Laminar
`
`flow would only be achievable by using the swash plate or shaker table of Lundell et al.
`
`The purposeof the excess volume areas(i.e., compliance chamber(s)) as claimed in the
`
`method of independentclaim 1
`
`is “to act as a resilient spring force to dampen the effects of
`
`large, quickly changing pressure gradients within the test chamber”in the test system during the
`
`accelerated frequency testing. (See Specification, 0046.) As with Pickard, this is not an issue
`
`considered by Lundell et al. nor do the reservoirs (256, 258) provide such a function. The
`
`reservoirs merely allow fluid to continue to flow across the open test valve whenthe fluid head
`
`encounters the closed opposing test closed test valve in the system. There is no teaching in
`
`Lundell et al. of using the reservoirs to alter a spring factor of the spring force provided by the
`
`compliance chamber asrecited in claim 4.
`
`The Applicant therefore requests reconsideration and withdrawal of the rejection of
`
`claims # under 35 U.S.C. § 103.
`
`Conclusion
`
`Claims 1-20 are currently pending in the application; claims 8-20 are presently
`
`withdrawn. Applicant has fully responded to each and every objection and rejection in the Office
`
`action dated 20 March 2015, and believes that claims 1-7 are in condition for allowance.
`
`Applicant therefore requests that a timely Notice of Allowance beissued in this case.
`
`The Applicant believes no otherfees or petitions are due with this filing. However,
`
`should any suchfeesor petitions be required, please consider this a request therefor and
`
`authorization to charge Deposit Account No. 04-1415 as necessary.
`
`If the Examiner believes any issues could be resolved via a telephone interview, the
`
`Examiner is invited to contact the undersigned at the telephone numberlisted below.
`
`4822-5681-6933
`
`PAGE 11 OF 12
`
`11
`
`PAGE 11 OF 12
`
`

`

`Respectfully submitted this 17th day of June 2015 by
`
`Docket No. P201384.US.05
`
`
`
`USPTO Customer No. 20686
`
`Dorsey & Whitney LLP
`1400 Wewatta St., Suite 400
`Denver, Colorado 80202
`Tel: 303-629-3400
`Fax: 303-629-3450
`
`4822-5681 -6933
`
`PAGE 12 OF 12
`
`12
`
`PAGE 12 OF 12
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket