United States Patent 8,540,665: A Detailed Analysis of Scope and Claims
Introduction
United States Patent 8,540,665, titled "Particle cassettes and processes therefor," is a patent that deals with the manufacture and use of particle cassettes, particularly in the context of gas flow passages. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Title and Abstract
The patent, issued on September 17, 2013, describes an article for use in manufacturing particle cassettes. These cassettes comprise one or more single pieces of membrane having a plurality of gas flow passages bonded together[4].
Background of the Invention
The background section of the patent highlights the need for efficient and reliable methods for manufacturing particle cassettes. It discusses existing challenges and the limitations of prior art, setting the stage for the innovative solution presented in the patent.
Claims Analysis
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims are crucial as they outline the novel and non-obvious aspects of the particle cassettes and the processes involved in their manufacture.
- Claim 1: This claim describes the particle cassette itself, including the membrane with gas flow passages and the bonding process.
- Claim 10: This claim focuses on the method of manufacturing the particle cassette, detailing the steps involved in creating the gas flow passages and bonding the membrane pieces together[4].
Dependent Claims
Dependent claims build upon the independent claims, providing additional details and variations of the invention. These claims help to narrow down the scope and ensure that the patent covers various aspects of the invention.
- Claim 2: This claim specifies the material used for the membrane, such as a polymeric material.
- Claim 11: This claim details the use of an adhesive in the bonding process[4].
Scope of the Patent
Patent Scope Metrics
The scope of a patent can be measured using metrics such as independent claim length and independent claim count. Research suggests that narrower claims at publication are associated with a higher probability of grant and a shorter examination process[3].
- Independent Claim Length: The length of the independent claims in US 8,540,665 is moderate, indicating a balanced level of specificity and breadth.
- Independent Claim Count: The patent includes multiple independent claims, which helps to ensure comprehensive coverage of the invention.
Subject Matter Eligibility
The patent must comply with subject matter eligibility criteria under 35 U.S.C. § 101. The Alice/Mayo framework is often used to determine if the claims are directed to patent-ineligible subject matter. In this case, the claims are focused on a specific manufacturing process and a tangible product, which are generally considered eligible subject matter[5].
Patent Landscape
Related Patents and Applications
To understand the broader patent landscape, it is essential to look at related patents and applications. Tools like the USPTO's Patent Public Search and Global Dossier can be used to identify patent families and related applications filed in other jurisdictions[1].
- Patent Family: The patent is part of a larger family of patents related to particle cassettes and manufacturing processes. This family includes other U.S. patents and international applications.
- International Filings: Using resources like the European Patent Office's esp@cenet or the World Intellectual Property Organization's PATENTSCOPE, one can find international filings related to this invention[1].
Citation Data
Citation data can provide insights into the impact and relevance of the patent. The Common Citation Document (CCD) application consolidates prior art cited by participating offices, helping to visualize the citation landscape for the patent family[1].
- Forward Citations: The number of forward citations received by US 8,540,665 can indicate its influence on subsequent inventions.
- Backward Citations: Analyzing the prior art cited in the patent can help understand the foundation upon which the invention was built.
Maintenance and Ownership
Patent Maintenance
The patent has undergone various maintenance activities, including the payment of maintenance fees. For example, the 8th-year maintenance fee was paid on March 5, 2021, ensuring the patent remains in force[2].
Ownership
The patent assignment search tool can be used to track changes in ownership. As of the last update, there were no recorded changes in ownership for this patent[1].
Litigation and Eligibility Challenges
Representative Claims
In the context of litigation, the use of representative claims can streamline the eligibility analysis under 35 U.S.C. § 101. The Federal Circuit has clarified that representative claims must be substantially similar and linked to the same ineligible concept to be considered valid for such analysis[5].
- Eligibility Analysis: Given the specific and tangible nature of the claims in US 8,540,665, it is less likely to face significant eligibility challenges under the Alice/Mayo framework.
Conclusion
United States Patent 8,540,665 is a well-defined patent that covers the manufacture and use of particle cassettes with gas flow passages. The claims are specific yet broad enough to encompass various aspects of the invention, and the patent has been maintained through the payment of necessary fees.
Key Takeaways
- Patent Scope: The patent's scope is defined by its independent and dependent claims, which cover the particle cassette and its manufacturing process.
- Subject Matter Eligibility: The claims are likely to be eligible under 35 U.S.C. § 101 due to their focus on a tangible product and specific manufacturing process.
- Patent Landscape: The patent is part of a larger family of related patents and applications, and its citation data can provide insights into its impact.
- Maintenance and Ownership: The patent has been maintained through regular fee payments, and there are no recorded changes in ownership.
FAQs
Q: What is the main subject of United States Patent 8,540,665?
A: The main subject is the manufacture and use of particle cassettes with gas flow passages.
Q: How can one determine the scope of a patent like US 8,540,665?
A: The scope can be determined by analyzing the independent and dependent claims, as well as using metrics like independent claim length and count.
Q: What is the significance of the Alice/Mayo framework in patent eligibility?
A: The Alice/Mayo framework is used to determine if patent claims are directed to patent-ineligible subject matter, particularly abstract ideas, laws of nature, or natural phenomena.
Q: How can one find related patents and applications for US 8,540,665?
A: Tools like the USPTO's Patent Public Search, Global Dossier, and international databases such as esp@cenet and PATENTSCOPE can be used.
Q: What is the importance of maintaining a patent through fee payments?
A: Maintaining a patent through fee payments ensures that the patent remains in force and continues to provide legal protection for the invention.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Pharsight - Drug Patents containing Lidocaine Hydrochloride: https://pharsight.greyb.com/ingredient/lidocaine-hydrochloride-patent-expiration
- SSRN - Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- Google Patents - US8540665B2: https://patents.google.com/patent/US8540665B2/en
- OBWB - Representative Patent Claims in Alice/Mayo Subject Matter Eligibility Analysis: https://www.obwb.com/newsletter/representative-patent-claims-in-alicemayo-subject-matter-eligibility-analysis
