DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/28/2025 has been entered.
Status of Claims
Claims 26-50 are pending and examined on the merits.
Claims 26-49 are allowable.
Claim 50 is rejected.
Response to Arguments
Applicant's arguments filed 10/28/2025 have been fully considered but they are not persuasive. Regarding the argument that Brown fails to anticipate claim 50 (see pages 9-12 of Remarks filed 10/28/2025), Examiner respectfully disagrees and directs Applicant to the rejection below. Specifically, Brown teaches the amended claim language of a base interface configured to removably couple the medical device to a device interface of a base station, and the medical device is configured to detect a first device signal from the base station, and in accordance with the first device signal being indicative of the input button receiving the first touch input at the base station, initiate, by the medical device, a first mode (see below).
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 50 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 50 recites the limitations "the input button" and “the first touch input” in lines 17-18. There is insufficient antecedent basis for these limitations in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 50 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brown (U.S. Pre Grant Pub. No. 2013/0331790 A1).
Regarding claim 50, Brown teaches: A medical device for a medical device system (see at least Abstract), the medical device (see device 100 at least in Fig. 1 and para. [0029]) being configured for being worn by a user (see para. [0030]), the medical device comprising:
a base interface (see connector 108 in Fig. 1) configured to removably couple (as broadly recited, the connector 108 can be removably coupled to the housing 124 by removing and inserting cable 104) the medical device to a device interface of a base station (see housing 124 in Fig. 1; para. [0034] teaches that cable 104 connects the connector 108 with connector port 110, which is in turn connected to the connector interface 206), the base interface comprising a plurality of device terminals (see para. [0029]) for being coupled to a plurality of base terminals of the base station (see para. [0034]), the plurality of device terminals including a first device terminal (see for example one of USB port, IEEE 1499 port, port for THUNDERBOLT, PCI Express, eSATA, or Ethernet in para. [0029]) for being coupled to a first base terminal (see para. [0029 and 0034], a first base terminal comprises the connection between the connector port 110 and the connector interface 206), a second device terminal (see for example one of USB port, IEEE 1499 port, port for THUNDERBOLT, PCI Express, eSATA, or Ethernet in para. [0029]) for being coupled to a second base terminal (see para. [0029 and 0034], if the second device terminal is for transfer of data, the connector port 110 comprises a base terminal for data exchange), and a third device terminal (see for example one of USB port, IEEE 1499 port, port for THUNDERBOLT, PCI Express, eSATA, or Ethernet in para. [0029]) for being coupled to a third base terminal (see para. [0029 and 0034], if the third device terminal is a USB connection for power charging, the connector port 110 comprise a base terminal for electrical power),
wherein the plurality of device terminals comprise:
a device charging pair (as broadly claimed, this is interpreted as any electrical/physical connection for each terminal and other terminals) for being coupled to a base charging pair of the plurality of base terminals (see for example connector port 110 in Figs. 1-2), and
a first device signal pair for being coupled to a first base signal pair of the plurality of base terminals (a first device signal pair can be accomplished when connecting a USB cable, such as cable 104 in Fig. 1, between the power source 102 and housing 124); and
a rechargeable battery for powering the medical device (see para. [0034] teaching recharging the battery);
wherein the medical device is configured to:
detect a first device signal from the base station between the first device signal pair (a first device signal pair can be accomplished when connecting a USB cable, such as cable 104 in Fig. 1, between the power source 102 and housing 124; para. [0030] teaches that a display screen 122 displays messages and alerts; therefore, a signal is detected), and
in accordance with the first device signal being indicative of the input button receiving the first touch input at the base station, initiate, by the medical device, a first mode (para. [0030] teaches that buttons or switches 121 are control features that receive user input and control pumping and may include a display screen 122 on which messages and alerts are displayed; therefore, a first mode of the medical device can be powering on of the device, the first device signal would be a display showing that the device is turned on).
Allowable Subject Matter
Claims 26-49 allowed.
The following is an examiner’s statement of reasons for allowance: The closest prior arts of record are Brown (U.S. Pre Grant Pub. No. 2013/0331790 A1) and Seres (U.S. Pre Grant Pub. No. 2019/0133810 A1).
As described on pages 5-15 of the Final Rejection mailed 07/28/2025, Brown teaches a medical device system comprising some of the claimed structural features of independent claims 26 and 49. Brown, however, fails to teach a base station configured to removably couple with the medical device, a device interface for coupling the base station to the base interface of the medical device, charging the rechargeable battery of the medical device when the medical device is coupled with the base station, and/or enabling user input to the medical device using the base station, via the device interface and the base interface, when the medical device is coupled to the base station, as required by the claims. Examiner agrees with Applicant that while Brown discloses a housing that "includes an input button" that "can be utilized to wake the device from a sleep mode, lock the touch screen . .. , and power-off the device," the housing itself does not "alter a first base signal between the first base signal pair, thereby enabling user input to the medical device using the base station, via the device interface and the base interface, when the medical device is coupled to the base station," as recited by the independent claims. In fact, the housing of Brown is not configured to removably couple to the purported medical device (e.g., via a device interface/base interface, as recited by amended claim 26), nor does it comprise "a device interface for coupling the base station to the base interface of the medical device." Additionally, the cited housing does not and, indeed, cannot "alter a first base signal between the first base signal pair, thereby enabling user input to the medical device using the base station, via the device interface and the base interface, when the medical device is coupled to the base station." (see pages 3-4 of Remarks filed 10/28/2025)
Additionally, Seres teaches an analogous medical device system (see Fig. 1B and Abstract) comprising a medical device configured for being worn by a user (see ostomy bag 120 in Fig. 1B and para. [0218]) and a base station (see hub 122) configured to removably couple with the medical device (see at least para. [0232]). Additionally, while Seres teaches a rechargeable battery (see para. [0230]), the rechargeable battery is on the hub 122, aka the base station, and not the worn medical device 120 (see at least para. [0230]). Further, Seres fails to explicitly teach a device interface for coupling the base station to the base interface of the medical device, the device interface comprising a plurality of base terminals for being coupled to the plurality of device terminals, nor does it teach, inter alia, charging the rechargeable battery of the medical device when the medical device is coupled with the base station, as required by the independent claims.
One of ordinary skill in the art would not have been motivated to modify the devices of Brown and/or Seres without relying on impermissible hindsight (see MPEP 2141).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIHAD DAKKAK whose telephone number is (571)272-0567. The examiner can normally be reached Mon-Fri: 9AM - 5PM ET.
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/JIHAD DAKKAK/ Examiner, Art Unit 3781
/JESSICA ARBLE/ Primary Examiner, Art Unit 3781
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