DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/04/25 has been entered.
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 3 is 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.
As to claim 3, the claim recites that the second signal is the liquid medication injection stop signal or the liquid medication injection decrease signal. As claim 1 already recites that it is either a decrease signal or a restart signal, it is unclear whether this claim is adding a third choice, which would make it an improper independent claim. Further clarification and/or amendments are required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Palerm (US 2015/0306312).
As to claims 1 and 9, Palerm teaches a method and corresponding device of controlling liquid medication injection (Abstract), the method comprising:
receiving, by an electronic device for controlling liquid medication injection (520), blood glucose values measured by a liquid medication injection device in which a liquid medication injection logic is programmed ([0070] – pump control system analyzes or otherwise monitors sensor measurements);
generating, by the electronic device for controlling liquid medication injection, a blood glucose change pattern by using the blood glucose values over time ([0067] – determination of the trends in blood glucose values);
generating, by the electronic device for controlling liquid medication injection, a first signal for changing the liquid medication injection logic taking into account a rise or a reduction in the blood glucose values according to the blood glucose change pattern ([0067] – use of the trend to determine a predicted blood glucose level and increase or decrease the dosage command);
transmitting, by the electronic device for controlling liquid medication injection, the generated first signal for changing the liquid medication injection logic to the liquid medication injection device ([0067] – dosage command);
controlling, by the electronic device, the liquid medication injection device to perform liquid medication injection of a liquid medication comprising insulin according to the first signal ([0081] – dosage command operates the motor of the infusion device),
wherein the first signal comprises a liquid medication injection stop signal or a liquid medication injection decrease signal ([0067] – may reduce the dosage to zero or some other smaller amount); and
generating and transmitting, by the electronic device, a second signal for changing the liquid medication injection logic ([0148] – next iteration of the process),
wherein the second signal comprises:
a decrease signal generated after a first standby time has elapsed from a point in time at which the first signal was generated, or
a restart signal generated after and a second standby time longer than the first standby time has elapsed from a point in time at which the first signal was generated,
wherein the restart signal is generated when the first signal comprises the liquid medication injection stop signal ([0086] – the device samples the measurement value every five minutes, and each sampling allows for a first-in, first-out sequence of values; [0067] – these values would then be the basis for making the next predictive value to determine the changes in dosage; [0117] – when delivery is suspended, a minimum suspension time period is set, such as thirty minutes; [0132] – after a minimum suspension time period has elapsed, the device transitions back to another delivery mode, aka restart mode; [0038] – the minimum suspension time period is imposed to ensure that the device does not toggle between operating modes. As the decrease signal may be issued every five minutes when new measurement values are updated, but a restart signal can be every 30 minutes (and at no point could the minimum suspension time period be smaller than the frequency of data updates, as it would negate the whole point of preventing toggling), the restart signal can only be generated with a longer standby time than the decrease signal).
Palerm further teaches a processor ([0075]) and a communication unit ([0077]) and an injection function controller (512).
As to claim 2, Palerm teaches generating of the first signal or the second signal for changing the liquid medication injection logic comprises generating, by the electronic device for controlling liquid medication injection, the first signal or the second signal for changing the liquid medication injection logic taking into account a future blood glucose value according to the blood glucose change pattern and the rise or the reduction in the blood glucose values ([0067]).
As to claim 3, Palerm teaches the first signal or the second signal for changing the liquid medication injection logic is the liquid medication injection stop signal or the liquid medication injection decrease signal ([0067]).
As to claim 4, Palerm teaches after the transmitting to the liquid medication injection device, calculating a current blood glucose value or a future blood glucose value based on a current time point, and determining whether to restart the liquid medication injection logic taking into account the current blood glucose value or the future blood glucose value, by the electronic device for controlling liquid medication injection ([0067], [0086]).
As to claim 5, Palerm teaches after the transmitting to the liquid medication injection device,
when a preset first standby time expires, transmitting, by the electronic device for controlling liquid medication injection, a liquid medication injection logic restart signal or a liquid medication injection logic stop signal to the liquid medication injection device after re-determining whether to restart the liquid medication injection logic taking into account the rise or the reduction in the blood glucose values according to the blood glucose change pattern that is calculated based on a current time point ([0067], [0086]).
As to claim 6, Palerm teaches after the transmitting to the liquid medication injection device,
when a preset second standby time expires, automatically transmitting, by the electronic device for controlling liquid medication injection, a liquid medication injection logic restart signal to the liquid medication injection device ([0132]).
As to claim 7, Palerm teaches after the transmitting to the liquid medication injection device,
receiving, by the electronic device for controlling liquid medication injection, a blood glucose value measured during a set injection stop time period from a time point when the liquid medication injection stop signal is generated;
determining, by the electronic device for controlling liquid medication injection, whether the received blood glucose value measured exceeds a normal blood glucose range; and
when the blood glucose value measured exceeds the normal blood glucose range, transmitting a signal for restarting the liquid medication injection logic ([0117]).
As to claim 8, Palerm teaches a computer program stored in a non-transitory computer- readable recording medium for executing the method according to claim 1 by using a computer ([0056]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTIAN JANG whose telephone number is (571)270-3820. The examiner can normally be reached Monday-Friday (7-3:30 EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Chen can be reached at 571-272-3672. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHRISTIAN JANG
Primary Examiner
Art Unit 3791
/CHRISTIAN JANG/Primary Examiner, Art Unit 3791 7/28/26
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