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Details for Patent: 10,124,142
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Summary for Patent: 10,124,142
| Title: | Conversion of nitrogen dioxide (NO2) to nitric oxide (NO) | |||||||||||||||||||||||||||
| Abstract: | Inhalation of low levels of nitric oxide can rapidly and safely decrease pulmonary hypertension in mammals. A nitric oxide delivery system that converts nitrogen dioxide to nitric oxide employs a surface-active material, such as silica gel, coated with an aqueous solution of antioxidant, such as ascorbic acid. | |||||||||||||||||||||||||||
| Inventor(s): | David P. Rounbehler, David H. Fine | |||||||||||||||||||||||||||
| Assignee: | Vero Biotech Inc | |||||||||||||||||||||||||||
| Application Number: | US15/385,354 | |||||||||||||||||||||||||||
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Patent Claim Types: see list of patent claims | Use; Formulation; Delivery; | |||||||||||||||||||||||||||
| Patent landscape, scope, and claims: | US Patent 10,124,142: Nitric Oxide Generation From NO2 Using Water-Coated Antioxidant Surface MediaUnited States Patent 10,124,142 claims a method that generates nitric oxide (NO) from a gas stream containing nitrogen dioxide (NO2) by passing the gas through a surface-active material that is coated or saturated with an aqueous solution of an antioxidant, where the antioxidant is ascorbic acid, alpha tocopherol, or gamma tocopherol. The method is implemented in a receptacle with an inlet, outlet, and surface-active material positioned so the gas flows through the coated surface media. Claims also narrow to specific implementations: water-retaining substrates, silica gel (35 to 70 mesh), cartridges, ambient temperature, and specific ascorbic-acid preparation conditions (solution concentration; soaking and drying steps; drying with gas). What is the claimed technical mechanism?The independent claim requires a chain of process elements:
Claim 1 is therefore a functional conversion claim: it does not require a particular device brand or nozzle geometry; it ties patentability to the combination of (i) NO2-containing gas, (ii) flow through coated surface media, and (iii) conversion enabled by an antioxidant in water on the surface media. What are the claim-by-claim coverage boundaries?Independent claimClaim 1 sets the baseline scope:
Key practical boundary: infringement requires that the NO2 conversion occurs by gas flow through the antioxidant-coated surface-active material rather than by a bulk chemical reactor or different catalyst system. Dependent claims that narrow by media structureClaim 2: surface-active material is saturated with the aqueous antioxidant solution. These claims add structure and physical grade limitations that can carve out competitors who use different media classes (e.g., ion exchange resins, activated carbon with different wetting strategy, membrane catalysts, or non-silica porous carriers). Dependent claims that narrow by device form factorClaim 6: receptacle comprises a cartridge. This targets modular consumable formats. Systems that integrate the media in a non-cartridge architecture may avoid this particular dependent claim, while still risking claim 1 depending on whether “receptacle including an inlet, outlet” is satisfied. Dependent claims that narrow by temperatureClaim 8: receptacle is at ambient temperature. This limits implementations where conversion requires heating, elevated temperature operation, or thermal cycling. Dependent claims that narrow by antioxidant identityClaim 7: antioxidant comprises ascorbic acid. This split means there are at least two narrower commercial pathways:
What do the dependent claims say about the antioxidant preparation process (ascorbic acid focus)?Claims 9 through 14 tightly define preparation and concentration of ascorbic-acid aqueous solution and drying steps:
These process claims affect freedom to operate in a very direct way. Competitors using different concentrations (outside 20%, 25%, 30%), different drying conditions (vacuum drying, oven drying at controlled temperature, lyophilization), or different coating methods (spray deposition, immobilization, in-situ impregnation under different humidity control) may avoid those dependent claims while still potentially falling into claim 1 if they still use an antioxidant-coated surface-active material with aqueous coating and conversion. What are the device-internal flow path and packing limitations?Claim 16: receptacle includes screen and glass wool adjacent to both inlet and outlet. These claims increase specificity. A design that uses only the main silica/surface media without additional screen/glass-wool filtration layers may avoid claim 16/17 while still intersecting claim 1 if the surface-active material with aqueous antioxidant coating performs the conversion. What is the practical claim scope vs. design-around landscape?Below is a structured view of what would likely keep a competitor inside claim 1 versus what could plausibly move them outside the narrower dependent claims. Elements that generally must be present to stay within Claim 1
Where dependent claims create additional carve-outs
A product using a different antioxidant (not on the enumerated list), non-aqueous coating, non-surface-active catalyst form, or no NO2 conversion by the coated media would be the most material design-around. What does this imply for patent landscape positioning and competitive risk?1) The claim set is “composition-in-process” constrainedThe antioxidant is enumerated, and it is required to be in aqueous solution on the surface-active material. That combination narrows chemical freedom but can still cover multiple device designs because claim 1 is broad on:
2) Competitive risk is concentrated around NO2-to-NO conversion in wet antioxidant-coated porous mediaIf competitors pursue plasma/thermal conversion, membrane-assisted conversion, electrochemical conversion, or catalytic conversion using a different chemical system (e.g., metal catalysts or solid-state reduction chemistry), they can avoid the claim’s required antioxidant-coated aqueous surface-active mechanism. 3) The ascorbic-acid concentrations and drying steps matter for infringement strategyEven when competitors use the same antioxidant class (ascorbic acid), different concentrations or drying methods can shift exposure:
4) Silica gel mesh provides a specific fallback constraintSilica gel and mesh size can be a litigation focal point because it allows a clean comparison to competitor media specs:
Scope summary table (what is claimed vs. what is not explicitly claimed)
Key Takeaways
FAQs
References[1] United States Patent 10,124,142 (claims as provided). More… ↓ |
Drugs Protected by US Patent 10,124,142
| Applicant | Tradename | Generic Name | Dosage | NDA | Approval Date | TE | Type | RLD | RS | Patent No. | Patent Expiration | Product | Substance | Delist Req. | Patented / Exclusive Use | Submissiondate |
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| >Applicant | >Tradename | >Generic Name | >Dosage | >NDA | >Approval Date | >TE | >Type | >RLD | >RS | >Patent No. | >Patent Expiration | >Product | >Substance | >Delist Req. | >Patented / Exclusive Use | >Submissiondate |
International Family Members for US Patent 10,124,142
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| Australia | 2005277397 | ⤷ Start Trial | |||
| Canada | 2576957 | ⤷ Start Trial | |||
| European Patent Office | 1789119 | ⤷ Start Trial | |||
| European Patent Office | 2724742 | ⤷ Start Trial | |||
| Japan | 2008510675 | ⤷ Start Trial | |||
| Japan | 2012179365 | ⤷ Start Trial | |||
| Japan | 5421530 | ⤷ Start Trial | |||
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
