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 . Claims 1-20 of the amended claim set received 6/09/2026 are pending. Claims 7-13 have been withdrawn by the Applicant.
Election/Restrictions
Applicant’s election without traverse of the invention of claims 1-6 and 14-20 in the reply filed on 6/09/2026 is acknowledged.
Claim Objections
Claims 2 is objected to because of the following informalities: “wherein the fluid pump device further comprising a drive motor” should be written “ Appropriate correction is required.
Claim 5 is objected to because of the following informalities: “wherein the fluid pump device comprising a reflective object sensor” should be written “further comprising a reflective object sensor”. Appropriate correction is required.
Claim 16 is objected to because of the following informalities: “wherein the fluid pump device comprising a filling state and an infusion state” should be written “wherein the fluid pump device comprises a filling state and an infusion state”. Appropriate correction is required.
Claim 17 is objected to because of the following informalities: “wherein the vial transfer station comprising a station ID, wherein the user interface receives the station ID prior to initiation of the fluid pump device filling state” which should be written “ an initiation of the fluid pump device filling state.” Appropriate correction is required.
Claim 18 is objected to because of the following informalities: “wherein the fluid pump device further comprising a drive motor” which should be written “ Appropriate correction is required.
Claim 19 is objected to because of the following informalities: “wherein the fluid pump device further comprising:” should be written “wherein the fluid pump device further comprises:”. Appropriate correction is required.
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.
Claims 2-6 and 18-20 are 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.
Claims 2 and 18 each recite “wherein when the drive motor rotates in a first direction, the drive motor actuates filling a reservoir with a drug for delivery.” It is unclear if the claims require that the drive motor rotation causes the filling or if the drive motor can provide another function to cause the filling. The claims are examined as if the recitation is written “wherein rotation of the drive motor in a first direction fills a reservoir with a drug for delivery” which is consistent with the disclosed invention.
Claims 2 and 18 each recite, “wherein when the drive motor rotates in a second direction, the drive motor actuates infusion the drug for delivery between the reservoir and a cannula.” It is unclear if the claims require that the drive motor rotation causes the infusion or if the drive motor can provide another function to cause the infusion. The claims are examined as if the recitation is written “wherein rotation of the drive motor in a second direction provides infusion of the drug for delivery between the reservoir and a cannula” which is consistent with the disclosed invention.
Claims 3-6 and 19-20 are rejected at least by dependency on one of the claims discussed above.
Appropriate correction is required.
Allowable Subject Matter
Claims 1 and 14-17 are allowable.
Claims 2-6 and 18-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 1, Naftalovitz (US 2019/0015582) is considered the closest prior art of record. Naftalovitz discloses a fluid pumping system comprising: a fluid pump device comprising: a pump housing 510+520 (see Fig. 10); an adhesive 670 located on the outside of the pump housing (Fig. 10); and an adhesive cover 672 attached to the adhesive 670; and a vial transfer station 140 (see Fig. 37A), wherein the adhesive cover 672 is attached to the vial transfer station (see Fig. 41, attachment via housing 510+520 as shown) and wherein the fluid pump device 510+520 is removed from the vial transfer station 140 (see Fig. 44A). No reference is found to reasonably modify Naftalovitz to include, “wherein when the fluid pump device is removed from the vial transfer station, the adhesive cover is removed from the adhesive and the adhesive cover remains attached to the vial transfer station.”
Claim 14 is allowable for the same reason as claim 1.
Claims 2-6 and 15-20 are indicated allowable by dependency on claim 1 or 14.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the attached Notice of References Cited.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RENE D FORD whose telephone number is (571)272-8140. The examiner can normally be reached on M-F 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phutthiwat Wongwian can be reached on (571) 270-5426. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.D.F/Examiner, Art Unit 3741
/PHUTTHIWAT WONGWIAN/Supervisory Patent Examiner, Art Unit 3741
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