DETAILED ACTION
Applicant's response, filed 09/23/2025, has been fully considered. The following rejections and/or objections are either reiterated or newly applied in view of instant application amendments. They constitute the complete set presently being applied to the instant application. Herein, "the previous Office action" refers to the Final rejection of 04/28/2025.
Notice of Pre-AIA or AIA Status
The present application, filed on or after 16 March 2013 , is being examined under the first inventor to file provisions of the AIA .
Claim Status
Disposition of claims:
Claims 1-9 and 11-15 are currently pending and under examination herein
Claim 10 is cancelled.
Claims 1-9 and 11-15 are rejected.
Withdrawn Rejections/Objections
Rejections and/or objections not reiterated from previous office actions are hereby withdrawn in view of instant claim amendments and Applicant's 09/23/2025 remarks
The rejection under 35 U.S.C. 112(b) as being indefinite regarding claims 1-9 and 11-15 is hereby withdrawn in light amendments with a computer system to perform the indicated steps, and administering the dose to be based on the performance of those indicated steps.
The rejection under 35 U.S.C. 112(d) regarding claim 11 for failing to further limit the subject matter of the claim upon which it depends is hereby withdrawn in light amendments with for a quality check that is performed successfully and permits the step of administering the dose of the medication to be performed.
The rejection under 35 U.S.C. 101 regarding claim 11 as directed to judicial exceptions, is hereby withdrawn in light of claim amendments for a quality check and administering the dose of the medication to the subject using the recommended dose. Provided the instant claims are amended to address the newly recited 112(b) rejection below with specific limitations as to treatment and subject, practical integration of the judicial exceptions under a treatment administration consideration can be demonstrated.
The rejection under 35 U.S.C. § 103 regarding claims 1-9 and 11-15 is hereby withdrawn in light of claim amendments each respective function in the plurality of functions is associated with a corresponding container class, said association including at least a first function configured to be executable in a first container class and not in a second container class and a second function configured to be executable in the second container class and not in the first container class… a predetermined hardware resource requirement of the first function is different from a predetermined hardware resource requirement of the second function.
Upon further consideration, newly applied rejections/portions are necessitated by instant application amendment as discussed below.
Priority
As previously discussed, the prior earlier filed application, 62/723,744, provides adequate claim support. Therefore, claims 1-9 and 11-15 receive priority of earlier effective filing date, 08 August 2018.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
A. Claims 1-9 and 11-15 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Any newly applied rejection/portion is necessitated by instant application amendment. The dependent claims, 2-9 and 11-15, are also rejected because they depend on and/or do not remedy the deficiencies inherited by their parent claims.
Claim 1 recites newly amended method steps of “a plurality of functions which are predetermined in the computing system, wherein each respective function in the plurality of functions is associated with a corresponding container class...” The term predetermined is indefinite for what functions are predetermined in the computing system, how they were determined, especially as there is no specific disease condition, subject type, or medication claimed, and whether these functions were previously determined outside the metes and bounds of the instant application. This rejection can be addressed by amending:
the preambles to clearly specify the medication and treated condition: “container based of a medication which mimics insulin to treat a subject with a diabetes mellitus condition comprising:”
claim 1 limitation “providing and operating a computing system for providing medication dosing guidance recommendations for a medication which mimics insulin to a plurality of subjects with diabetes mellitus…”
Conclusion
No claims are allowed.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
E-mail Communications Authorization
Per updated USPTO Internet usage policies, Applicant and/or Applicant’s representative is encouraged to authorize the USPTO examiner to discuss any subject matter concerning the above application via Internet e-mail communications. See MPEP 502.03. To approve such communications, Applicant must provide written authorization for e-mail communication by submitting the following statement via EFS-Web (using PTO/SB/439) or Central Fax (571-273-8300):
“Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with the undersigned and practitioners in accordance with 37 CFR 1.33 and 37 CFR 1.34 concerning any subject matter of this application by video conferencing, instant messaging, or electronic mail. I understand that a copy of these communications will be made of record in the application file.”
Written authorizations submitted to the Examiner via e-mail are NOT proper. Written authorizations must be submitted via EFS-Web (using PTO/SB/439) or Central Fax (571-273-8300). A paper copy of e-mail correspondence will be placed in the patent application when appropriate. E-mails from the USPTO are for the sole use of the intended recipient, and may contain information subject to the confidentiality requirement set forth in 35 USC § 122. (see also MPEP 502.03).
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/VR/
Examiner
Art Unit 1685
/MARY K ZEMAN/Primary Examiner, Art Unit 1686