DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 7, 2026 has been entered.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 16-20, 22-25, 27-30, and 32-34 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Wooley et al. (US 2008/0243079 A1) in view of Weinstein et al. (US 2006/0208695 A1), Ohara et al. (US 4,468,439), Etter et al. (US 2007/0178776 A1), Ramey (US 2003/0009133 A1), and Elliott et al. (US 2010/0005665 A1).
With regard to claims 16-18 and 32, Wooley et al. teach an infusion pump assembly comprising: an enclosure (Fig. 1 space within 10); a pump positioned at least partially within the enclosure and configured to effectuate the dispensing of infusible fluid (Fig. 1 member 36) out of the enclosure through an infusion port assembly of the enclosure (Fig. 1 in the area of 20); a processor positioned at least partially within the enclosure and operatively coupled to an input system, the processor configured to receive an input signal from the input system and to control the pump (Fig. 1 member 38, [0019]); and a removable cover configured to releasably engage the enclosure receiving a terminal of a removable power supply (Fig. 1 cover below the spring below battery 40, see Reference Figure 1 below), and enabling an electrical contact with the terminal (Fig. 1 the cover necessarily includes a conductor to establish electrical contact with the battery for the battery to function, this electrically couples the cover to the conductor on the interior wall of the power supply cavity at the opposite battery terminal); wherein a combination of the removable cover and at least a portion of the enclosure define a power supply cavity for receiving the removable power supply and electrically coupling the removable power supply to the processor (Fig. 1); wherein the removable cover assembly includes a first twist lock assembly comprising a protruding tab (Fig.1, see the illustrated threaded connection the first twist lock would be the protruding portion of the thread that extends from the cover); wherein the enclosure assembly includes a second twist lock assembly comprising a slot configured to releasably engage the first twist lock assembly through rotation of the removable cover assembly and effectuate the releasable engagement of the removable cover assembly and the enclosure assembly (Fig. 1, see the illustrated threaded connection the second twist lock would be the grooved portion of the thread that is within the enclosure and receive the first part of the twist lock of the cover).
Wooley et al. teach a device substantially as claimed but do not disclose an insulator defining a recess as part of the removable cover for receiving the terminal. However, Weinstein et al. teach using an insulator ring for receiving a battery terminal which is beneficial in prevent the battery from contacting other electrical sources (Figs. 1 and 2 member 26 receives 76 within a recess, [0030], see Reference Figure 2 below, the recess in 26 is smaller than terminal 78 and would prevent 78 from making electrical contact). Further, Ohara et al. teach an insulating ring placed on the cover which prevents the battery from being inversely loaded (Figs. 1 and 4 member 14, Col. 1 line 63-68, Col. 4 lines 34-37). It would have been obvious to a person having ordinary skill in the art at the time the invention was made to use an insulator in Wooley et al. on the cover as in Weinstein et al. and Ohara et al. as this would ensure the desired electrical connection and yield the same predictable result. Placement on the cover as in Ohara et al. would also prevent the insulating ring from becoming lost when the battery is replaced. As combined the orientation of the battery would be reversed and the insulator and recess would be placed on the cover and the spring would be within the housing as there are only two possible orientations for the battery one of ordinary skill in the art would find it obvious to try due to the limited number of options and one of ordinary skill would be able to configure the circuit accordingly. This prevents reverse-polarity coupling.
Wooley et al. as combined with Weinstein does not disclose the cover to include a conductor assembly with a plurality of tabs as recited. Weinstein teaches the cavity may be made of a conductive material or may have a conductive strip between the terminals ([0030]). Further, Etter et al. teach the conductive assembly in the cover includes tabs 19 which connect to a conductive strip in the housing to complete the circuit ([0036], Figs. 4 and 5). It would have been obvious to a person having ordinary skill in the art at the time the invention was made to use tabs with the cover to connect the circuit along the wall of the cavity in Wooley et al. as combined as Weinstein teach such is an equivalent connection means and Etter et al. teach such tabs are effective in the art.
Wooley et al. teach do not specifically disclose the cover to be on the same side as the infusion port. However, Ramey teaches an infusion pump in which the infusion port and the battery cover are on the same side of the enclosure (Fig. 1). It would have been obvious to a person having ordinary skill in the art at the time the invention was made to rearrange the parts to locate the battery such that the cover is on the same side as the infusion port in Wooley et al. as Ramey shows this to be an art effective arrangement and would yield the same predictable result. Applicant has not disclosed that such a location provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected the Applicant's invention to perform equally well with the cover as provided by the references. Further, it has been held that a mere rearrangement of parts of a prior art structure involves only routine skill in the art, In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Wooly et al. do not disclose the twist lock assemblies are not thread assemblies. However, Elliott et al. teach a cover for a battery compartment which comprises a bayonet connection which may be equivalently used in place of threads (Fig. 2 cap 20, [0017], [0025], a bayonet connection would have a tab and a slot). It would have been obvious to a person having ordinary skill in the art at the time the invention was made to use a bayonet connection in Wooly et al. as Elliott et al. teach such is equivalent to threads and would yield the same predictable result. Further, Elliott et al. do not explicitly teach which portion has the tab and which has the slot, however, there are a limited number of options for placement between the two components, one component must have the tab and one the slot, as such it would have been obvious to a person having ordinary skill in the art at the time the invention was made to try either arrangement
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With regard to claims 19 and 20, Wooley et al. shows a cover to seal the enclosure but does not specifically teach using an o-ring. However, Etter et al. teach using a sealing ring with a screw on cap which covers a power source compartment to provide a water-proof seal to prevent moisture from short-circuiting the power source ([0032], Fig. 5 ring 26). It would have been obvious to a person having ordinary skill in the art at the time the invention was made to use a water-proof sealing ring with the cover of Wooley et al. as Etter et al. teach this is beneficial for preventing the power source from short circuiting.
With regard to claims 22-25 and 33, Wooley et al. teach an infusion pump assembly comprising: an enclosure (Fig. 1 space within 10); a pump positioned at least partially within the enclosure and configured to effectuate the dispensing of infusible fluid (Fig. 1 member 36) out of the enclosure through an infusion port assembly of the enclosure (Fig. 1 in the area of 20); a processor positioned at least partially within the enclosure and operatively coupled to an input system, the processor configured to receive an input signal from the input system and to control the pump (Fig. 1 member 38, [0019]); and a removable cover configured to releasably engage the enclosure, the removable cover including a recess for receiving a terminal of a removable power supply (Fig. 1 cover below the spring below battery 40, see Reference Figure 1 above) and enabling an electrical contact with the terminal Fig. 1 the cover necessarily includes a conductor to establish electrical contact with the battery for the battery to function, this electrically couples the cover to the conductor on the interior wall of the power supply cavity at the opposite battery terminal), wherein a combination of the removable cover and at least a portion of the enclosure define a power supply cavity to receive the removable power supply, electrically coupling the removable power supply to the processor (Fig. 1), the power supply cavity defining an access opening that is covered by the removable cover when engaged with the enclosure (Fig. 1); wherein the removable cover assembly includes a first twist lock assembly comprising a protruding tab (Fig.1, see the illustrated threaded connection the first twist lock would be the protruding portion of the thread that extends from the cover); wherein the enclosure assembly includes a second twist lock assembly comprising a slot configured to releasably engage the first twist lock assembly through rotation of the removable cover assembly and effectuate the releasable engagement of the removable cover assembly and the enclosure assembly (Fig. 1, see the illustrated threaded connection the second twist lock would be the grooved portion of the thread that is within the enclosure and receive the first part of the twist lock of the cover). Wooley et al. teach a device substantially as claimed but do not disclose an insulator defining a recess as part of the removable cover for receiving the terminal. However, Weinstein et al. teach using an insulator ring for receiving a battery terminal which is beneficial in prevent the battery from contacting other electrical sources (Figs. 1 and 2 member 26 receives 76 within a recess, [0030], see Reference Figure 2 below, the recess in 26 is smaller than terminal 78 and would prevent 78 from making electrical contact). Further, Ohara et al. teach an insulating ring placed on the cover which prevents the battery from being inversely loaded (Figs. 1 and 4 member 14, Col. 1 line 63-68, Col. 4 lines 34-37). It would have been obvious to a person having ordinary skill in the art at the time the invention was made to use an insulator in Wooley et al. on the cover as in Weinstein et al. and Ohara et al. as this would ensure the desired electrical connection and yield the same predictable result. Placement on the cover as in Ohara et al. would also prevent the insulating ring from becoming lost when the battery is replaced. As combined the orientation of the battery would be reversed and the insulator and recess would be placed on the cover and the spring would be within the housing as there are only two possible orientations for the battery one of ordinary skill in the art would find it obvious to try due to the limited number of options and one of ordinary skill would be able to configure the circuit accordingly. This prevents reverse-polarity coupling.
Wooley et al. shows a cover to seal the enclosure but does not specifically teach using an o-ring. However, Etter et al. teach using a sealing ring with a screw on cap which covers a power source compartment to provide a water-proof seal to prevent moisture from short-circuiting the power source ([0032], Fig. 5 ring 26). It would have been obvious to a person having ordinary skill in the art at the time the invention was made to use a water-proof sealing ring around the opening with the cover of Wooley et al. as Etter et al. teach this is beneficial for preventing the power source from short circuiting.
Wooley et al. as combined with Weinstein does not disclose the cover to include a conductor assembly with a plurality of tabs as recited. Weinstein teaches the cavity may be made of a conductive material or may have a conductive strip between the terminals ([0030]). Further, Etter et al. teach the conductive assembly in the cover includes tabs 19 which connect to a conductive strip in the housing to complete the circuit ([0036], Figs. 4 and 5). It would have been obvious to a person having ordinary skill in the art at the time the invention was made to use tabs with the cover to connect the circuit along the wall of the cavity in Wooley et al. as combined as Weinstein teach such is an equivalent connection means and Etter et al. teach such tabs are effective in the art. Wooley et al. teach do not specifically disclose the cover to be on the same side as the infusion port. However, Ramey teaches an infusion pump in which the infusion port and the battery cover are on the same side of the enclosure (Fig. 1). It would have been obvious to a person having ordinary skill in the art at the time the invention was made to rearrange the parts to locate the battery such that the cover is on the same side as the infusion port in Wooley et al. as Ramey shows this to be an art effective arrangement and would yield the same predictable result. Applicant has not disclosed that such a location provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected the Applicant's invention to perform equally well with the cover as provided by the references. Further, it has been held that a mere rearrangement of parts of a prior art structure involves only routine skill in the art, In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Wooly et al. do not disclose the twist lock assemblies are not thread assemblies. However, Elliott et al. teach a cover for a battery compartment which comprises a bayonet connection which may be equivalently used in place of threads (Fig. 2 cap 20, [0017], [0025], a bayonet connection would have a tab and a slot). It would have been obvious to a person having ordinary skill in the art at the time the invention was made to use a bayonet connection in Wooly et al. as Elliott et al. teach such is equivalent to threads and would yield the same predictable result. Further, Elliott et al. do not explicitly teach which portion has the tab and which has the slot, however, there are a limited number of options for placement between the two components, one component must have the tab and one the slot, as such it would have been obvious to a person having ordinary skill in the art at the time the invention was made to try either arrangement
With regard to claims 27, 28, 30, and 34, Wooley et al. teach an infusion pump assembly comprising: an enclosure (Fig. 1 space within 10); a pump positioned at least partially within the enclosure and configured to effectuate the dispensing of infusible fluid (Fig. 1 member 36) out of the enclosure through an infusion port assembly of the enclosure (Fig. 1 in the area of 20); a processor positioned at least partially within the enclosure and operatively coupled to an input system, the processor configured to receive an input signal from the input system and to control the pump (Fig. 1 member 38, [0019]); and a removable cover configured to releasably engage the enclosure (Fig. 1 cover below the spring below battery 40, see Reference Figure 1 above), the removable cover including a first twist lock having at least one tab (Fig.1, see the illustrated threaded connection the first twist lock would be the protruding portion of the thread that extends from the cover) a recess for receiving a terminal of a removable power supply and enabling an electrical contact with the terminal (Fig. 1 the cover necessarily includes a conductor to establish electrical contact with the battery for the battery to function, this electrically couples the cover to the conductor on the interior wall of the power supply cavity at the opposite battery terminal), wherein a combination of the removable cover and at least a portion of the enclosure define a power supply cavity configured to allow removable insertion of the removable power supply (Fig. 1), and wherein the enclosure includes a second twist lock having at least one slot configured to releasably engage the at least one tab of the first twist lock through rotation of the removable cover and effectuate the releasable engagement of the removable cover and the enclosure (Fig. 1, see the illustrated threaded connection the second twist lock would be the grooved portion of the thread that is within the enclosure and receive the first part of the twist lock of the cover).
Wooley et al. teach a device substantially as claimed but do not disclose an insulator defining a recess as part of the removable cover for receiving the terminal. However, Weinstein et al. teach using an insulator ring for receiving a battery terminal which is beneficial in prevent the battery from contacting other electrical sources (Figs. 1 and 2 member 26 receives 76 within a recess, [0030], see Reference Figure 2 below, the recess in 26 is smaller than terminal 78 and would prevent 78 from making electrical contact). Further, Ohara et al. teach an insulating ring placed on the cover which prevents the battery from being inversely loaded (Figs. 1 and 4 member 14, Col. 1 line 63-68, Col. 4 lines 34-37). It would have been obvious to a person having ordinary skill in the art at the time the invention was made to use an insulator in Wooley et al. on the cover as in Weinstein et al. and Ohara et al. as this would ensure the desired electrical connection and yield the same predictable result. Placement on the cover as in Ohara et al. would also prevent the insulating ring from becoming lost when the battery is replaced. As combined the orientation of the battery would be reversed and the insulator and recess would be placed on the cover and the spring would be within the housing as there are only two possible orientations for the battery one of ordinary skill in the art would find it obvious to try due to the limited number of options and one of ordinary skill would be able to configure the circuit accordingly. This prevents reverse-polarity coupling.
Wooley et al. as combined with Weinstein does not disclose the cover to include a conductor assembly with a plurality of tabs as recited. Weinstein teaches the cavity may be made of a conductive material or may have a conductive strip between the terminals ([0030]). Further, Etter et al. teach the conductive assembly in the cover includes tabs 19 which connect to a conductive strip in the housing to complete the circuit ([0036], Figs. 4 and 5). It would have been obvious to a person having ordinary skill in the art at the time the invention was made to use tabs with the cover to connect the circuit along the wall of the cavity in Wooley et al. as combined as Weinstein teach such is an equivalent connection means and Etter et al. teach such tabs are effective in the art.
Wooley et al. teach do not specifically disclose the cover to be on the same side as the infusion port. However, Ramey teaches an infusion pump in which the infusion port and the battery cover are on the same side of the enclosure (Fig. 1). It would have been obvious to a person having ordinary skill in the art at the time the invention was made to rearrange the parts to locate the battery such that the cover is on the same side as the infusion port in Wooley et al. as Ramey shows this to be an art effective arrangement and would yield the same predictable result. Applicant has not disclosed that such a location provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected the Applicant's invention to perform equally well with the cover as provided by the references. Further, it has been held that a mere rearrangement of parts of a prior art structure involves only routine skill in the art, In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Wooly et al. do not disclose the twist lock assemblies are not thread assemblies. However, Elliott et al. teach a cover for a battery compartment which comprises a bayonet connection which may be equivalently used in place of threads (Fig. 2 cap 20, [0017], [0025], a bayonet connection would have a tab and a slot). It would have been obvious to a person having ordinary skill in the art at the time the invention was made to use a bayonet connection in Wooly et al. as Elliott et al. teach such is equivalent to threads and would yield the same predictable result. Further, Elliott et al. do not explicitly teach which portion has the tab and which has the slot, however, there are a limited number of options for placement between the two components, one component must have the tab and one the slot, as such it would have been obvious to a person having ordinary skill in the art at the time the invention was made to try either arrangement
With regard to claim 29, Wooley et al. shows a cover to seal the enclosure but does not specifically teach using an o-ring. However, Etter et al. teach using a sealing ring with a screw on cap which covers a power source compartment to provide a water-proof seal to prevent moisture from short-circuiting the power source ([0032], Fig. 5 ring 26). It would have been obvious to a person having ordinary skill in the art at the time the invention was made to use a water-proof sealing ring with the cover of Wooley et al. as Etter et al. teach this is beneficial for preventing the power source from short circuiting.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Miyazaki et al. teach a cover for a battery compartment on a pump which comprises a bayonet connection (Fig. 11B member 130, [0217], a bayonet connection would have a tab and a slot).
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/EMILY L SCHMIDT/Primary Examiner, Art Unit 3783
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