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 .
DETAILED ACTION
This communication is in response to: Application filed on February 6th, 2023
Claims 1-20 are pending claims.
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 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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cozmi et al., US PG PUB# 2010/0100037 (hereinafter Cozmi) in view of Fathallah et al., US PG PUB#2006/0229557 (hereinafter Fathallah).
As for independent claim 1:
Cozmi discloses an infusion pump, comprising:
a tube; a pump motor configured to pump a liquid through the tube (Cozmi discloses the infusion pump, tube, and pump motor in 0027);
a user interface; a memory (0035-0036, Cozmi discloses a user interface and a display screen and 0049 options and parameter user interface elements);
a controller coupled to the memory and the pump motor; and pump programming instructions in the memory, wherein the controller is configured to receive the pump programming instructions from the memory and to execute the received pump programming instructions, wherein execution of the pump programming instructions by the controller configures the infusion pump to (0026, 0027, 0034, see the controllers and programmable medical pump disclosed by Cozmi):
Cozmi does not disclose present a multi-tabbed graphical user interface (GUI) on the user interface to guide an operator through programming of the infusion pump, each tab of the GUI including data fields for entry of data for operation of the infusion pump; receive an operator selection of a tab of the GUI for data entry; receive data entries for a selected tab of the GUI; and once all required data entries for the selected tab of the GUI have been entered, present on or adjacent a next tab of the GUI a next tab indicator that directs the operator to select the next tab for the entry of additional input data and activate the next tab of the GUI for selection. Fathallah discloses present a multi-tabbed graphical user interface (GUI) on the user interface to guide an operator through programming of the infusion pump, each tab of the GUI including data fields for entry of data for operation of the infusion pump; receive an operator selection of a tab of the GUI for data entry; receive data entries for a selected tab of the GUI; and once all required data entries for the selected tab of the GUI have been entered, present on or adjacent a next tab of the GUI a next tab indicator that directs the operator to select the next tab for the entry of additional input data and activate the next tab of the GUI for selection in 0069-0072. Fathallah discloses user interface tabs and drip icons selectable by the user. Fathallah also discloses activation of the interface element sections for indicating pump status and operation functions in 0111-0113. Accordingly it would have been obvious before the effective filing date of the claimed invention to a skilled artisan to modify the user interface of Cozmi to incorporate the activation interface sections as taught by Fathallah using tabs, thus extending the user operation and guidance for programming (Fathallah, 0111, 0113).
As for dependent claim 2:
Cozmi – Fathallah discloses the infusion pump of claim 1, wherein the selected tab includes at least one optional data field and wherein the controller executes additional instructions to present the next tab indicator on or adjacent the next tab of the GUI when all required data entries for the selected tab have been entered but data entry into the at least one optional data field is incomplete (Cozmi discloses activation function Next in figures 8 and 0049-0050; Fathallah discloses tab indicator and drip indicator in 0069) .
As for dependent claim 3:
Cozmi – Fathallah discloses the infusion pump of claim 2, wherein the controller executes instructions to shade the at least one optional data field in the user interface to indicate that data entry for the shaded at least one optional data field is not required for a selected mode of operation of the infusion pump (Fathallah discloses a user interface and mode of operation along with state in 0125 and 0126 for the infusion pump).
As for dependent claim 4:
Cozmi – Fathallah discloses the infusion pump of claim 1, wherein the next tab indicator comprises a transient graphic that identifies the next tab for operator data input (Fathallah, see alert level and transient graphic in 0114).
As for dependent claim 5:
Cozmi – Fathallah discloses the infusion pump of claim 4, wherein the transient graphic is a triangle that points to the next tab or text associated with the next tab to draw the operator’s attention to the next tab or the text associated with the next tab (Fathallah discloses operator’s attention and tab in 0114)
As for dependent claim 6:
Cozmi – Fathallah discloses the infusion pump of claim 1, wherein the controller executes instructions to present tabs of the multi-tabbed GUI from left to right across the user interface and to make tabs after an initial tab selectable by the operator once all required data entries for a previous tab of the GUI have been entered (Cozmi discloses entering instructions on the user interface in 0049, 0050; Fathallah discloses a user interface and mode of operation along with state in 0125 and 0126 for the infusion pump).
As for dependent claim 7:
Cozmi – Fathallah discloses the infusion pump of claim 6, wherein the respective tabs of the GUI include data fields for data entry of parameters relating to drug data, patient data, and infusion data (Cozmi, shows volume to be infused VTBI, pump operating information and parameters in 0046, Fathallah discloses patient information in 0070).
As for dependent claim 8:
Cozmi – Fathallah discloses the infusion pump of claim 1, wherein the user interface comprises a touchscreen display that displays a keyboard in the user interface when the touchscreen display is touched (Cozmi discloses touch screen in 0035 and 0049).
As for independent claim 9:Claim 9 contains substantial subject matter as claimed in claim 1 and is respectfully rejected along the same rationale.
As for dependent claims 10-16:Claims 10-16 contain substantial subject matter as claimed in claims 2-8 and are respectfully rejected along the same rationale.
As for dependent claim 17:
Cozmi – Fathallah discloses the method of claim 9, further comprising initiating operation of the infusion pump when all required data for all tabs has been entered (Fathallah discloses a user interface and mode of operation along with state in 0125, 0126).
As for independent claim 18:Claim 18 contains substantial subject matter as claimed in claim 1 and is respectfully rejected along the same rationale.
As for dependent claims 19-20:Claims 19-20 contain substantial subject matter as claimed in claims 2-3 and are respectfully rejected along the same rationale.
It is noted that any citation to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)).
The Examiner notes MPEP § 2144.01, that quotes In re Preda, 401 F.2d 825,159 USPQ 342, 344 (CCPA 1968) as stating “in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom.” Further MPEP 2123, states that “a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art, including nonpreferred embodiments. Merck & Co. v. Biocraft Laboratories, 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID PHANTANA ANGKOOL whose telephone number is (571) 272-2673. The examiner can normally be reached M-F, 7:00-3:30 PM.
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/David Phantana-angkool/Primary Examiner, Art Unit 2172