DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
This office action has been issued in response to the amendment filed on October 16, 2025.
Claims 14-15, 17-20 and 22-29 are pending.
Applicant’s arguments have been carefully and respectfully considered. Rejections have been maintained where arguments were not persuasive. Also, new rejections based on the amended claims have been set forth. Accordingly, claims 14-15, 17-20 and 22-29 are rejected, and this action is made FINAL, as necessitated by amendment.
Response to Arguments
Amendments to claims 15 and 20 overcome the previous 112(a) rejections. Accordingly, the 112(a) rejections have been withdrawn.
Applicant argues, Yodfat and Lee, whether alone or in combination, do not teach or suggest "the at least one locking tab is configured to engage with the reusable housing assembly through rotation of a locking ring of the reusable housing assembly only after the at least one alignment tab of the top plate has mated with the at least one opening of the reusable housing assembly," as independent claim 14 recites, or "the at least one locking tab of the battery charger is configured to engage with the at least one tab of the locking ring of the reusable housing assembly through rotation of the locking only after the at least one alignment tab of the top plate of the battery charger has mated with the at least one opening of the base plate of the reusable housing assembly," as independent claim 19 recites. In the Office Action, the Examiner admits that Yodfat's battery charger 30 does not include locking tabs, but asserts that Lee's device has locking tabs and that it would have been obvious to modify Yodfat to include such tabs to prevent unwanted uncoupling. (See id.). Applicant previously submitted arguments why it would not have been obvious to modify Yodfat's battery charger 30 to include tabs that engage with a reusable housing assembly through rotation of a locking ring of the reusable housing assembly. Specifically, Applicant argued that Yodfat's FIG. 7b shows a recess 31 that receives the reusable part 100 and uses connectors 306 to connect to the reusable part 100 without any rotation of a locking ring. (See Response filed May 2, 2025). Further, Applicant argued that Yodfat's arrangement shown in FIG. 7b with a recess 31 that receives the reusable part 100 does not lend itself to rotation with a locking ring. In reply to Applicant's previously submitted arguments outlined above, the Examiner asserts that "Yodfat does not disclose the shape of said recess and reusable housing assembly consisting of only the shape shown in Fig. 7b; different shapes are seen in Figures 6 and 7a (See Office Action, pages 3-4). Then the Examiner concludes again that it would have been obvious to include a locking tab and locking ring system in Yodfat for the expected result of securely connecting the battery charger and reusable housing assembly to each other without undue experimentation. (See id.).
Applicant respectfully traverses the Examiner's assertion and respectfully submits that
the Examiner's reply to Applicant's arguments does not rebut the thrust of Applicant's argument. In particular, even if Yodfat contemplates other recess shapes, none of the other recess shapes disclosed in Yodfat allow for rotation. Thus, Applicant's argument that Yodfat's recess 31 does not lend itself to rotation weighs against modifying Yodfat to include a locking mechanism involving rotation. The Examiner asserts that such a modification could be achieved without undue experimentation, but it does not appear that rotation is even possible due to the constraint the recess 31 would have on the reusable housing assembly arranged therein. Therefore, the proposed modification of Yodfat in view of Lee is not obvious.
In response to applicant's argument, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
(“The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference.... Rather, the test is what the combined teachings of those references would have suggested to those of ordinary skill in the art.”); In re Sneed, 710 F.2d 1544, 1550, 218 USPQ 385, 389 (Fed. Cir. 1983).
In this case, Yodfat et al. (US 2011/0009824) discloses a battery charger (30) (Fig.7b) for a reusable housing assembly (100) (Par.134).
Lee (US 2003/0176906) discloses a battery charger (patient charger) for a reusable housing assembly (330) (Par.38) comprising: at least one locking tab (110A-110B) is configured to engage with the reusable housing assembly (330) through rotation of a locking ring (320A-320B) of the reusable housing assembly (330) only after the at least one alignment tab (200) of the top plate has mated with the at least one opening (340) of the reusable housing assembly (330) (Par.33).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have had at least one locking tab of the battery charger configured to engage with at least one tab of a locking ring of the reusable housing assembly through rotation only after at least one alignment tab of the top plate of the battery charger has mated with at least one opening of the base plate of the reusable housing assembly in the system of Yodfat to have had securely connected the reusable housing assembly and the charger to each other (Par.34) as taught in Lee; thereby preventing unwanted decoupling.
The combination encompasses a battery charger and a reusable housing assembly comprising rotating locking components to attach the battery charger and the reusable housing assembly to each other. The combination does not change the principle of operation of Yodfat nor renders the reference inoperable for its intended purpose.
Therefore, the combination of Yodfat in view of Lee disclose the argued claim limitations.
Applicant argues, that the Examiner's rationale for modifying Yodfat is based on considerations of Lee's devices that are not present in Yodfat's system. (See Response filed May 2, 2025). In particular, Lee states that securing of the two devices is desired because one of the devices is in close proximity to an implanted device within a patient and there could be prolonged periods of time of programming/charging that would make holding of the two devices together undesirable. (See Lee's para. [0006]). Yodfat's system does not relate to an implanted device within a user where a person would need to hold two devices together for prolonged periods of time. Rather, Yodfat' s charging unit and reusable part of a dispensing unit shown in FIG. 7b have no such considerations. A person could deposit the reusable part 100 into the recess 31 for charging and leave the devices to charge for a prolong period of time without holding the two devices together. As such, there is no demand for securely locking the devices together and the rationale of modifying Yodfat in view of Lee to prevent unwanted decoupling is not supported by the evidence of record. In reply to the arguments outlined above, the Examiner asserts that "[t]he fact that Lee identified a need or problem that can be addressed by the locking system does not preclude its use for the expected result of efficiently and securely attaching two devices together." (See Office Action, page 5). Applicant respectfully traverses the Examiner's assertion and respectfully submits that no proper rationale for modifying Yodfat in view of Lee as the Examiner proposes has been articulated. Merely because Lee discloses a securing mechanism does not mean that it is obvious to include in Yodfat, especially when Yodfat has no comparable securing mechanism at all. Thus, the Examiner's proposed modification of Yodfat in view of Lee is based on impermissible hindsight and not based on any logical reasoning or motivation provided in the prior art. Therefore, even if Yodfat and Lee are combined, the combination thereof still fails to teach or suggest independent claims 14 and 19 of the present application.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
In this case, Yodfat discloses a battery charger (30) (Fig.7b) for a reusable housing assembly (100) (Par.134).
Lee discloses a locking system for efficiently and securely connecting a charger and a reusable housing assembly to each other (Par.34 and 38).
One of ordinary skill in the art would have been motivated to include a rotating locking system including a locking tab, at least one alignment tab and a locking ring in the system of Yodfat with the expected result of efficiently and securely connecting the charger and the reusable housing assembly to each other as explicitly disclosed in Lee (Par.34 and 38).
Claim Rejections - 35 USC § 103
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 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 14-15, 17-20 and 22-23 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Yodfat et al. (US 2011/0009824) in view of Lee (US 2003/0176906).
Claim 14: Yodfat teaches a battery charger (30) (Fig.7b) for a reusable housing assembly (100) of an infusion pump (Par.117 and 129), the battery charger (30) comprising:
a top plate (Fig.7b, Top of battery charger 30.);
wherein the top plate (Fig.7b, Top of battery charger 30.) includes at least one electrical contact (306) (Fig.7b) configured to electrically couple to at least one electrical contact of a base plate of the reusable housing assembly (100) (Par.34).
Yodfat does not explicitly teach at least one locking tab configured to engage with the reusable housing assembly; wherein the top plate includes at least one alignment tab configured to mate with at least one opening of the reusable housing assembly; and wherein the at least one locking tab is configured to engage with the reusable housing assembly through rotation of a locking ring of the reusable housing assembly only after the at least one alignment tab of the top plate has mated with the at least one opening of the reusable housing assembly.
Lee teaches a battery charger (patient charger) for a reusable housing assembly (330) (Par.38) comprising:
at least one locking tab (110A-110B) configured to engage at least one tab (322A and 324A) (Fig.4D) of the reusable housing assembly (330) (Par.33-34);
a top plate (Fig.3A) including at least one alignment tab (200) (Par.33) configured to mate with at least one opening (340) of a base plate of the reusable housing assembly (330) (Par.33) (Fig.4A);
and wherein the at least one locking tab (110A-110B) is configured to engage with the reusable housing assembly (330) through rotation of a locking ring (320A-320B) of the reusable housing assembly (330) only after the at least one alignment tab (200) of the top plate has mated with the at least one opening (340) of the reusable housing assembly (330) (Par.33, The housing (120) is rotated to interface the locking tab (110A-110B) into the locking ring (320A-302B) after the alignment tab (200) is inserted into the at least one opening (340)).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have had the teachings of Lee in the system of Yodfat to have had securely connected the reusable housing assembly and the charger to each other (Par.34) thereby preventing unwanted decoupling.
Claim 15: Yodfat in view of Lee teach the limitations of claim 14 as disclosed above. Yodfat discloses the battery charger (30) (Fig.4) comprises charging electronics (305), supplying power from a source (300) to electrical contacts (306) (Par.125-126) comprised in a top plate (Fig.7b) of the battery charger (30) (Par.134). The battery charger inherently includes a printed circuit board in order to connect the various components (including the electrical contacts) to each other. Thereby, the battery charger (30) comprises a printed circuit board arranged between a lower housing portion of the battery charger (bottom of the battery charger 30) and the top plate (top of battery charger 30) (Fig.7b).
Claim 17: Yodfat in view of Lee teach the limitations of claim 14 as disclosed above. Yodfat teaches wherein the battery charger (30) further comprises a USB plug (3801) (Par.133) (Fig.7b).
Claim 18: Yodfat in view of Lee teach the limitations of claim 14 as disclosed above. Yodfat teaches wherein the top plate (Fig.7b, Top of battery charger 30.) of the battery charger (30) defines a recessed region (31) configured to provide clearance to accommodate components of the reusable housing assembly (100) (Par.134).
Claim 19: Yodfat teaches an infusion pump (Par.117) charging system (Fig.7b) comprising:
reusable housing assembly (100) comprising:
a battery (240) (Par.130);
and a base plate (Fig.7b, Bottom of reusable housing assembly 100.);
a battery charger (30) comprising: a top plate (Fig.7b, Top of battery charger 30.);
wherein the base plate (Fig.7b, Bottom of reusable housing assembly 100.) and the top plate (Fig.7b, Top of battery charger 30.) each include at least one electrical contact configured to be electrically coupled together (Par.134).
Yodfat does not explicitly teach the reusable housing assembly comprises a locking ring; the battery charger comprising at least one locking tab; wherein the top plate includes at least one alignment tab; wherein the base plate includes at least one opening; wherein the at least one alignment tab of the top plate is configured to mate with the at least one opening of the base plate; wherein the locking ring includes at least one tab configured to engage the at least one locking tab of the battery charger; and wherein the at least one locking tab of the battery charger is configured to engage with the at least one tab of the reusable housing assembly through rotation of a locking ring of the reusable housing assembly only after the at least one alignment tab of the top plate of the battery charger has mated with the at least one opening of the base plate of the reusable housing assembly.
Lee teaches a reusable housing assembly (330) comprises: a base plate (Fig.4A); and a locking ring assembly (320A-320B) (Par.34);
a battery charger (patient charger) comprises: a top plate (Fig.3A); and at least one locking tab (110A-110B) (Par.34) (Fig.3A);
wherein the top plate includes at least one alignment tab (200) (Par.33) (Fig.3A);
wherein the base plate includes at least one opening (340) (Par.33) (Fig.4A);
wherein the at least one alignment tab (200) of the top plate is configured to mate with the at least one opening (340) of the base plate (Par.33);
and wherein the locking ring assembly (320A-320B) includes at least one tab (322A and 324A) (Fig.4D) configured to engage the at least one locking tab (110A-110B) of the battery charger (patient charger) (Par.34) (Fig.4A); and
wherein the at least one locking tab (110A-110B) of the battery charger (patient charger) (Par.34) is configured to engage with the reusable housing assembly (330) through rotation of the locking ring (320A-320B) of the reusable housing assembly (330) only after the at least one alignment tab (200) of the top plate of the battery charger (Par.34) has mated with the at least one opening (340) of the base plate of the reusable housing assembly (330) (Par.33, The housing (120) is rotated to interface the locking tab (110A-110B) into the locking ring (320A-302B) after the alignment tab (200) is inserted into the at least one opening (340)).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have had the teachings of Lee in the system of Yodfat to have had securely connected the reusable housing assembly and the charger to each other (Par.34) thereby preventing unwanted decoupling.
Claim 20: Yodfat in view of Lee teach the limitations of claim 19 as disclosed above. Yodfat discloses the battery charger (30) (Fig.4) comprises charging electronics (305), supplying power from a source (300) to electrical contacts (306) (Par.125-126) comprised in a top plate (Fig.7b) of the battery charger (30) (Par.134). The battery charger inherently includes a printed circuit board in order to connect the various components (including the electrical contacts) to each other. Thereby, the battery charger (30) comprises a printed circuit board arranged between a lower housing portion of the battery charger (bottom of the battery charger 30) and the top plate (top of battery charger 30) (Fig.7b).
Claim 22: Yodfat in view of Lee teach the limitations of claim 19 as disclosed above. Yodfat teaches wherein the battery charger (30) further comprises a USB plug (3801) (Par.133) (Fig.7b).
Claim 23: Yodfat in view of Lee teach the limitations of claim 19 as disclosed above. Yodfat teaches wherein the top plate (Fig.7b, Top of battery charger 30.) of the battery charger (30) defines a recessed region (31) configured to provide clearance to accommodate components of the reusable housing assembly (100) (Par.134).
Claims 24-25 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Yodfat et al. (US 2011/0009824) in view of Lee (US 2003/0176906) as applied to claims 14 and 19 above, and further in view of Hofer et al. (US 2009/0280871).
Claims 24-25: Yodfat in view of Lee teach the limitations of claims 14 and 19 as disclosed above. Yodfat discloses providing the at least one electrical contact (306) (Fig.7b) of the top plate (Fig.7b, Top of battery charger 30.) with current (Par.125).
Yodfat does not explicitly teach the battery charger does not provide the at least one electrical contact with current when a signal indicative of a fully engaged portion of the reusable housing assembly is not provided.
Hofer teaches a battery charger (250) (Fig.7) (Par.50) that does not provide at least one electrical contact (260) with current when a signal indicative of a fully engaged portion of a device housing (100) is not provided (Par.53, The charge does not begin until a proper engagement of the device is detected).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have had the teachings of Hofer in the system of Yodfat to have had ensured the housing is secured and the electrical contacts are properly aligned prior to charging (Par.51 and 53) thereby preventing charging inaccuracies.
Claims 26-29 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Yodfat et al. (US 2011/0009824) in view of Lee (US 2003/0176906) as applied to claims 14 and 19 above, and further in view of Uchlein-Proctor et al. (US 2009/0102420).
Claims 26-29: Yodfat in view of Lee teach the limitations of claims 14 and 19 as disclosed above. Yodfat teaches when the reusable housing assembly (100) (Fig.7b) aligned with the battery charger (30) the at least one electrical contact (306) of the battery charger (30) may electrically couple to the at least one electrical contact of the reusable housing assembly (100) (Par.134).
Yodfat does not explicitly teach at least one alignment tab; wherein cooperation of the at least one alignment tab and the at least one opening ensure the reusable housing assembly is aligned with battery charger.
Lee teaches at least one alignment tab (200) (Fig.3A); wherein cooperation of the at least one alignment tab (200) and at least one opening (340) ensure a reusable housing assembly (330) is aligned with a battery charger (Par.33) (Par.38; Patient charger).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have had the teachings of Lee in the system of Yodfat to have had allowed for a secure and reliable fit when connectively mating the reusable housing assembly and the battery charger (Par.33).
The combination of Yodfat and Lee does not explicitly teach wherein the at least one alignment tab comprises a first alignment tab and a second alignment tab; wherein the at least one opening of the reusable housing assembly comprises a first alignment opening and a second alignment opening; wherein the first alignment tab is configured to mate with the first alignment opening and the second alignment tab is configured to mate with the second alignment opening; and wherein the at least one locking tab is configured to engage with the reusable housing assembly through rotation of the locking ring of the reusable housing assembly only after the first alignment tab has mated with the first alignment opening and the second alignment tab has mated with the second alignment opening.
Uchlein-Proctor teaches at least one alignment tab (224) (Fig.9D) comprises a first alignment tab and a second alignment tab (Fig.9A); wherein at least one opening (422) comprises a first alignment opening and a second alignment opening (Fig.13); wherein the first alignment tab (224) is configured to mate with the first alignment opening (422) and the second alignment tab (224) is configured to mate with the second alignment opening (422) (Par.91); and wherein at least one locking tab (222a-222b) is configured to engage with a housing assembly through rotation of a locking ring (418) of the housing assembly only after the first alignment tab (224) has mated with the first alignment opening (422) and the second alignment tab (224) has mated with the second alignment opening (422) (Par.86; In order for the locking tabs to engage with the locking ring the alignment tabs (which are protrusions) would be required to mate with the alignment openings first.).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have had the teachings of Uchlein-Proctor in the combination of Yodfat and Lee to have had complementary protrusions and grooves (Par.80) in a certain orientation and position (Par.91) thereby ensuring a required orientation for engagement of respective terminals of a device and a battery charger (Par.85).
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHALI ALEJANDRA TORRES RUIZ whose telephone number is (571)270-1262. The examiner can normally be reached M-F 10:00am-6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Taelor Kim can be reached on 571-270-7166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHALI A TORRES RUIZ/Examiner, Art Unit 2859
/TAELOR KIM/Supervisory Patent Examiner, Art Unit 2859