DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed before March 16, 2013, is being examined under the pre-AIA first to invent provisions.
Response to Amendment
The amendment and Request for Continued Examination (RCE) filed on 12/12/25 have been entered in the case. Claims 1-2, 4-6, 11-12, 14-16, 21-23, 25-28 are pending for examination and claims 3, 7-10, 13, 17-20 & 24 are cancelled.
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 1-2, 4-6, 11-12, 14-16, 21-28 are rejected under pre-AIA 35 U.S.C. 102 (b) as anticipated by or, in the alternative, under pre-AIA 35 U.S.C. 103(a) as obvious over Remde (US 2007/0142822).
Regarding claim 1, Remde discloses an ambulatory infusion pump system, in Figs. 1-4, comprising:
a pump mechanism (abstract, insulin pump) configured to deliver insulin to a patient;
The insulin pump provides a basal delivery profile that automatically adapted in the event of a travel-dependent time shift. Therefore, the infusion pump device is inherently to include a software/program to store in the memory; wherein the memory configured to store a delivery pattern of basal insulin that varies a basal rate of insulin delivered to a user according to a time of a day, see Fig. 1;
at least one processor/controller, para [0013], configured to:
cause the pump mechanism to deliver insulin to the user according to the delivery pattern of basal insulin by the time of day, Figs. 1-3a-3c;
receive travel information of the user including a travel destination for the user (e.g., para [0007], on arrival (equivalent to the claimed “travel destination”), the pump clock is immediately set to the new local time; the change in time zone, as shown by a second clock 4 or new local time t2 in Fig. 4; a travel destination is equivalent to element “L” in Figs. 5a-5c, para [0060]). For example: the Figs. 2a-2c & 3a-4c show that a new travel destination for the user is 4 hours different.
Note: Remde discloses in para [0002] that: the present invention relates to a method for operation of a metering apparatus for liquid medicaments with computer/microprocessor-aided control in the event of a time shift or displacement, e.g., a travel-dependent displacement in the local time.
The para [0033], ... In some preferred embodiments, the time shifts are determined by the control by evaluation of data which are received in a wireless manner, e.g., through a satellite navigation system, for example a GPS system, which is integrated in the metering apparatus.
The para [0056], ... In this case, the user either declares the new local time t2 of the destination or else the time shift between the home time t1 and the destination time t2.
The para [0059], ... It is also possible to display the time shift which forms the basis for the diurnal profile of delivery that is currently being used relative to the local times in relation to each other such that these are displayed by means of pictograms ("home" for the local time at the home location; "discharge profile" for the actual time shift of the diurnal profile of delivery that is currently being used; "clock" for the local time at the destination). "Home" and "clock" are in this case arranged such that they make use of virtually the display width. In the case of the positive time shift being present the pictogram "clock" is shown on the right and the pictogram "home" on the left in the display. The pictogram "discharge profile" is shown in between them, namely in such a way that the distances a to "home" (local time at the home location) and b to "clock" (local time at the destination) are, within the scope of the display resolution, proportional to the respective time shifts relative to these local times.
For all the evidence in the paras [0002, 0033, 0056, 0059] above, the processor in Remde is firmly configured to receive travel information of the user including a travel destination for the user. In addition, the change in time zone is interpreted as a travel destination for the user. One skilled in the art would recognize that the time zone is changed when the user travels to a new destination.
determine time change t2 information indicating a change to the time of day based on a time zone of the travel destination, see Fig. 4;
cause a shift in the delivery pattern of basal insulin in time based on the time change information, Figs. 2a-2c & 3a-3c. For example: Fig. 2b shows the delivery pattern at home location shifts to a different delivery pattern when travelling in an eastward direction in Fig. 2a; or the delivery pattern at home location shifts to a different delivery pattern when travelling in a westward direction, in Fig. 2c. Meanwhile, the Figs. 3a-3c show that the delivery patten shifts by 2 hours daily (intermediate step see FIG. 3b), until the pump time tP is identical to the local time t2 at the destination (see the two linked arrows in FIG. 3c).
Regarding claim 2, wherein time change information relates to a change in time zone (e.g., when the traveler is moving to eastward direction, in Fig. 2a; and the traveler is moving to westward direction in Fig. 2c; also see Figs. 3a-4 for delivery pattern shifts by 2 hours daily until the pump time tP is identical to the local time t2 at the destination).
Regarding claim 4, wherein shifting the delivery pattern of basal insulin in time includes shifting the pattern by a plurality of time increments (e.g., the delivery pattern of basal insulin in Fig. 2b shifts to the delivery pattern of basal insulin in Fig. 2a in 4hrs different. In addition, the para [0056] states that: As can be seen, the adaptation of the delivery profile of the insulin pump in this case takes place by a stepwise changeover of the pump time tP, which is administered by the pump clock, which before the adaptation is identical to the home time t1 (see the two linked arrows in FIG. 3a), by 2 hours daily (intermediate step see FIG. 3b), until the pump time tP is identical to the local time t2 at the destination (see the two linked arrows in FIG. 3c).
Regarding claim 5, wherein the shifting the pattern by a plurality of time increments includes shifting by one increment after a predetermined period of time (e.g., the para [0056] states that: As can be seen, the adaptation of the delivery profile of the insulin pump in this case takes place by a stepwise changeover of the pump time tP, which is administered by the pump clock, which before the adaptation is identical to the home time t1 (see the two linked arrows in FIG. 3a), by 2 hours daily (intermediate step see FIG. 3b), until the pump time tP is identical to the local time t2 at the destination (see the two linked arrows in FIG. 3c).
Regarding claim 6, wherein the shifting the pattern by a plurality of time increments includes shifting by one increment by one increment per day (e.g., the para [0056] states that: As can be seen, the adaptation of the delivery profile of the insulin pump in this case takes place by a stepwise changeover of the pump time tP, which is administered by the pump clock, which before the adaptation is identical to the home time t1 (see the two linked arrows in FIG. 3a), by 2 hours daily (intermediate step see FIG. 3b), until the pump time tP is identical to the local time t2 at the destination (see the two linked arrows in FIG. 3c).
Regarding claim 11, Remde discloses an ambulatory infusion pump system comprising:
a pump mechanism (abstract, insulin pump) configured to deliver insulin to a patient;
The insulin pump provides a basal delivery profile that automatically adapted in the event of a travel-dependent time shift. Therefore, the infusion pump device is inherently to include a software/program to store in the memory; wherein the memory configured to store a delivery pattern of basal insulin that varies a basal rate of insulin delivered to a user according to a time of a day, see Fig. 1;
an at least one processor/controller, para [0013], configured to:
cause the pump mechanism to deliver insulin to the user according to the delivery pattern of basal insulin by the time of day, Figs. 1-3a-3c;
receive travel information of the user including a travel destination for the user (e.g., para [0007], on arrival (equivalent to the claimed “travel destination”), the pump clock is immediately set to the new local time; the change in time zone, as shown by a second clock 4 or new local time t2 in Fig. 4; a travel destination is equivalent to element “L” in Figs. 5a-5c, para [0060]. For example: the Figs. 2a-2c & 3a-4c show that a new travel destination for the user is 4 hours different); the travel destination having a destination time zone of the user, see further Note below.
Note: Remde discloses in para [0002] that: the present invention relates to a method for operation of a metering apparatus for liquid medicaments with computer/microprocessor-aided control in the event of a time shift or displacement, e.g., a travel-dependent displacement in the local time.
The para [0033], ... In some preferred embodiments, the time shifts are determined by the control by evaluation of data which are received in a wireless manner, e.g., through a satellite navigation system, for example a GPS system, which is integrated in the metering apparatus.
The para [0056], ... In this case, the user either declares the new local time t2 of the destination or else the time shift between the home time t1 and the destination time t2.
The para [0059], ... It is also possible to display the time shift which forms the basis for the diurnal profile of delivery that is currently being used relative to the local times in relation to each other such that these are displayed by means of pictograms ("home" for the local time at the home location; "discharge profile" for the actual time shift of the diurnal profile of delivery that is currently being used; "clock" for the local time at the destination). "Home" and "clock" are in this case arranged such that they make use of virtually the display width. In the case of the positive time shift being present the pictogram "clock" is shown on the right and the pictogram "home" on the left in the display. The pictogram "discharge profile" is shown in between them, namely in such a way that the distances a to "home" (local time at the home location) and b to "clock" (local time at the destination) are, within the scope of the display resolution, proportional to the respective time shifts relative to these local times.
For all the evidence in the paras [0002, 0033, 0056, 0059] above, the processor in Remde is firmly configured to receive travel information of the user including a travel destination for the user, the travel destination having a destination time zone of the user. In addition, the change in time zone is interpreted as a travel destination for the user. One skilled in the art would recognize that the time zone is changed when the user travels to a new destination.
determine time change t2 information indicating a change to the time of day based on a time zone of the travel destination, see Fig. 4;
incrementally shift the delivery pattern of the basal insulin in time to match the local time for the user. For example: the Figs. 3a-3c show that the delivery patten incrementally shifts by 2 hours daily (intermediate step see FIG. 3b), until the pump time tP is identical to the local time t2 at the destination (see the two linked arrows in FIG. 3c).
Regarding claim 12, wherein time change information relates to a change in time zone (e.g., Figs. 3a-4 for delivery pattern shifts by 2 hours daily until the pump time tP is identical to the local time t2 at the destination).
Regarding claims 14-15, wherein the shifting the pattern by a plurality of time increments includes shifting by one increment after a predetermined period of time (e.g., the para [0056] states that: As can be seen, the adaptation of the delivery profile of the insulin pump in this case takes place by a stepwise changeover of the pump time tP, which is administered by the pump clock, which before the adaptation is identical to the home time t1 (see the two linked arrows in FIG. 3a), by 2 hours daily (intermediate step see FIG. 3b), until the pump time tP is identical to the local time t2 at the destination (see the two linked arrows in FIG. 3c).
Regarding claim 16, wherein the shifting the pattern by a plurality of time increments includes shifting by one increment by one increment per day (e.g., the para [0056] states that: As can be seen, the adaptation of the delivery profile of the insulin pump in this case takes place by a stepwise changeover of the pump time tP, which is administered by the pump clock, which before the adaptation is identical to the home time t1 (see the two linked arrows in FIG. 3a), by 2 hours daily (intermediate step see FIG. 3b), until the pump time tP is identical to the local time t2 at the destination (see the two linked arrows in FIG. 3c).
Regarding claim 21, wherein the travel information further includes a travel departure time (Fig. 2b) and a travel return time (Fig. 2c). Note: the para [0055] states that the Fig. 2a which occurs when travelling in an eastward direction, and once time-shifted by a time shift of minus 4 hrs (in Fig. 2c), such that the time shift when travelling in a westward direction, in relationship to each other. Therefore, Examiner interprets that the Fig. 2b is equivalent to travel in new destination (a travel departure time), and Fig. 2c is equivalent to travel back to home (travel return time), also see para [0016] states that: the second time shift is caused by travelling onwards to a third location with a different local time than the location tome at second location (equivalent to a travel destination) or by travelling back to the first location (home location), i.e., reversing the first time shift; also see para [0064] & Figs. 5a-6.
Regarding claim 22, Remde discloses the invention substantially as claimed as required in the claim 1. Similar to the reason in the claim 21 above, Remde further discloses that wherein the at least one processor is further configured to shift the delivery pattern based on one or more of the travel departure time (Fig. 2b & Figs. 3b-3c) and the travel return time (Fig. 2c). In addition, the para [0016] states that: the second time shift is caused by travelling onwards to a third location with a different local time than the location tome at second location (equivalent to a travel destination) or by travelling back to the first location (home location), i.e., reversing the first time shift, also see para [0064] & Figs. 5a-6.
Regarding claim 23, Remde discloses the invention substantially as claimed as required in the claim 1. Remde further discloses that user interface, and wherein the at least one processor is configured to receive the travel information through the user interface, see Figs. 5a-6.
Regarding claim 24, Remde discloses the invention substantially as claimed as required in the claim 11. Remde further discloses that wherein the travel information further includes a travel destination for the user.
Regarding claim 25, Remde discloses the invention substantially as claimed as required in the claims 11 & 24. Remde further discloses that wherein the at least one processor is configured to determine the destination time zone based on the travel destination, see Fig 4.
Regarding claim 26, Remde discloses the invention substantially as claimed as required in the claim 11 & 24. Remde further discloses that wherein the travel information further includes a travel departure time (new destination time, i.e., second clock 4) and a travel return time (back to home time, i.e., first clock time 3).
Regarding claim 27, Remde discloses the invention substantially as claimed as required in the claims 11, 24 & 26. Remde further discloses that wherein the at least one processor is further configured to shift the delivery pattern based on one or more of the travel departure time, i.e., a third location time (paras [0013, 0016]) and the travel return time (back to home or first location time).
Regarding claim 28, Remde discloses the invention substantially as claimed as required in the claim 11. Remde further discloses that further comprising a user interface, and wherein the at least one processor is configured to receive the travel information through the user interface, see Figs. 5a-6.
Claims 1-2, 4-6, 11-12, 14-16, 21-23, 25-28 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Estes et al. (US 7,717,903).
Regarding claim 1, Estes discloses an ambulatory infusion pump system 10, in Figs. 1-18, comprising:
a pump mechanism 100 configured to deliver insulin to a patient;
a memory (inside the control circuit 240, col. 17, lines 40-555) configured to store a delivery pattern of basal insulin that varies a basal rate of insulin delivered to a user according to a time of day (col. 18, lines 1-10); and
at least one processor 243 configured to:
cause the pump mechanism 100 to deliver insulin to the user according to the delivery pattern of basal insulin by the time of day, see Fig. 15, col. 20, line 30-col. 21, line 22;
receive travel information of the user including a travel destination for the user (e.g., change in time zone for new destination that away from home; a user may travel between time zones, where the time change can be several hours or even an entire day..., col. 22, lines 28-30);
Note: with aspect to the limitation, i.e., travel information of the user including a travel destination for the user, Applicant states in paras [0098-0099] of the current application (equivalent to US2023/0352139) below that:
PNG
media_image1.png
563
612
media_image1.png
Greyscale
PNG
media_image2.png
323
642
media_image2.png
Greyscale
Based on the statements in the marked-up boxes in the para [0098-0099] above, the change in time zone is interpreted as a travel destination for the user. For example: Travelling from East to West region in United States or travelling from one country to another country that considered as change in time zone (e.g., Washington DC is in Eastern Time Zone (EST) to California is in Pacific Time zone (PST)), or Washington in Eastern Time Zone (EST) to London in Greenwich Mean Time (GMT)). One skilled in the art would recognize that the time zone is changed (or equivalent to) when the user travels to a new region destination.
Similarly, Estes discloses in col. 24, lines 28-32 that
PNG
media_image3.png
353
641
media_image3.png
Greyscale
In addition, Estes further states that: the user can anticipate a time change and can initiate a dosing schedule adaptation prior to the time change. For example, the user may be preparing for a trip to a different time zone and can initiate a change in the dosing schedule prior to departing on the trip, col. 23, lines 17-21.
For all the reasons above, Estes clearly discloses the limitation, i.e., receive travel information of the user including a travel destination for the user. In other words, the term “a travel destination” is equivalent to travel to a different time zone that away from home.
determine time change information indicating a change to the time of day based on a time zone of the travel destination, see Fig. 16, col. 22, lines 23-37; and
cause a shift in the delivery pattern of basal insulin in time based on the time change information (e.g., the external reference system 230 can be implemented to automatically adjust the dosing schedule in the case of a time change to the new time zone, col. 22, lines 22-37).
Regarding claim 2, wherein the time change information relates to a change in time zone, Fig. 16, col. 22, lines 23-37.
Regarding claim 4, wherein shifting the delivery pattern of basal insulin in time includes shifting the pattern by a plurality of time increments (e.g., the dosing rate is gradually adjusted based on the time change. For example, the dosing schedule is shifted X minutes per hours until the dosing schedule corresponds with the new time. The value X increases based on the time change, col. 22, lines 55-63).
Regarding claim 5, wherein shifting the pattern by a plurality of time increments includes shifting by one increment after a predetermined period of time in X mins/hour (e.g., the dosing schedule is shifted X minutes per hours until the dosing schedule corresponds with the new time. The value X increases based on the time change, col. 22, lines 55-63; For example: a significant time change occurs when the time is shifted by at least a threshold amount, e.g., greater than 15mins, greater than 30mins or 1hour. A time change due to daylight savings time and/or a time change due to a transition between time zones, col. 23, lines 30-36).
Regarding claim 6, wherein shifting by one increment after a predetermined period of time includes shifting by one increment per day (e.g., the dosing schedule is shifted X minutes per hours until the dosing schedule corresponds with the new time. The value X increases based on the time change, col. 22, lines 55-63. For example: a significant time change occurs when the time is shifted by at least a threshold amount, e.g., greater than 15mins, greater than 30mins or 1hour. A time change due to daylight savings time and/or a time change due to a transition between time zones, col. 23, lines 30-36).
Regarding claim 11, Estes discloses an ambulatory infusion pump system 10, in Figs. 1-18, comprising:
a pump mechanism 100 configured to deliver insulin to a patient;
a memory (inside the control circuit 240, col. 17, lines 40-555) configured to store a delivery pattern of basal insulin that varies a basal rate of insulin delivered to a user according to a time of day (col. 18, lines 1-10); and
at least one processor 243 configured to:
cause the pump mechanism 100 to deliver insulin to the user according to the delivery pattern of basal insulin by the time of day, see Fig. 15, col. 20, line 30-col. 21, line 22;
receive travel information of the user including a travel destination for the user (e.g., change in time zone for new destination that away from home; a user may travel between time zones, where the time change can be several hours or even an entire day..., col. 22, lines 28-30), the travel destination having a destination time zone of the user;
Note: with aspect to the limitation, i.e., travel information of the user including a travel destination for the user, Applicant states in paras [0098-0099] of the current application (equivalent to US2023/0352139) below that:
PNG
media_image1.png
563
612
media_image1.png
Greyscale
PNG
media_image2.png
323
642
media_image2.png
Greyscale
Based on the statements in the marked-up boxes in the para [0098-0099] above, the change in time zone is interpreted as a travel destination for the user. For example: Travelling from East to West region in United States or travelling from one country to another country that considered as change in time zone (e.g., Washington DC is in Eastern Time Zone (EST) to California is in Pacific Time zone (PST)), or Washington in Eastern Time Zone (EST) to London in Greenwich Mean Time (GMT)). One skilled in the art would recognize that the time zone is changed (or equivalent to) when the user travels to a new region destination.
Similarly, Estes discloses in col. 24, lines 28-32 that
PNG
media_image3.png
353
641
media_image3.png
Greyscale
In addition, Estes further states that: the user can anticipate a time change and can initiate a dosing schedule adaptation prior to the time change. For example, the user may be preparing for a trip to a different time zone and can initiate a change in the dosing schedule prior to departing on the trip, col. 23, lines 17-21.
For all the reasons above, Estes clearly discloses the limitation, i.e., receive travel information of the user including a travel destination for the user, the travel destination having a destination time zone (a new time zone that away from home) of the user. In other words, the term “a travel destination” is equivalent to travel to a different time zone that away from home.
determine time change information indicating a change to the time of day based on a time zone of the travel destination, see Fig. 16, col. 22, lines 23-37; and
incrementally shift the delivery pattern of basal insulin in time to match the local time for the user (e.g., the external reference system 230 can be implemented to automatically adjust the dosing schedule in the case of a time change to the new time zone, col. 22, lines 22-37; the dosing schedule, which is controlled by the controller device 2000, is incrementally shifted to adjust the time change. For example, the dosing schedule is shifted X mins/hour until the dosing schedule corresponds with the new time. The value X increases based on the time change, col. 22, lines 55-62. For example: a significant time change occurs when the time is shifted by at least a threshold amount (e.g., greater than about 15 minutes, greater than about 30 minutes, and about 1 hour). Exemplary significant time changes include, but are not limited to, … a time change due to a transition between time zones, col. 23, lines 30-36).
Regarding claim 12, wherein the time change information relates to a change in time zone, Fig. 16, col. 22, lines 23-37.
Regarding claim 14, wherein incrementally shifting the delivery pattern of basal insulin in time includes shifting the pattern by a plurality of time increments until the pattern matches the local time (e.g., the dosing rate is gradually adjusted based on the time change. For example, the dosing schedule is shifted X minutes per hours until the dosing schedule corresponds with the new time. The value X increases based on the time change, col. 22, lines 55-63).
Regarding claim 15, wherein shifting the pattern by a plurality of time increments includes shifting by one increment after a predetermined period of time in X mins/hour (e.g., the dosing schedule is shifted X minutes per hours until the dosing schedule corresponds with the new time. The value X increases based on the time change, col. 22, lines 55-63; For example: a significant time change occurs when the time is shifted by at least a threshold amount, e.g., greater than 15mins, greater than 30mins or 1hour. A time change due to daylight savings time and/or a time change due to a transition between time zones, col. 23, lines 30-36).
Regarding claim 16, wherein shifting by one increment after a predetermined period of time includes shifting by one increment per day (e.g., the dosing schedule is shifted X minutes per hours until the dosing schedule corresponds with the new time. The value X increases based on the time change, col. 22, lines 55-63. For example: a significant time change occurs when the time is shifted by at least a threshold amount, e.g., greater than 15mins, greater than 30mins or 1hour. A time change due to daylight savings time and/or a time change due to a transition between time zones, col. 23, lines 30-36).
Regarding claim 21, wherein the travel information further includes a schedule travel departure time and a schedule travel return time (as mentioned in the claims 1 & 11 above, the user can anticipate a time change and can initiate a dosing schedule adaptation prior to the time change. For example, the user may be preparing for a trip to a different time zone and can initiate a change in the dosing schedule prior to departing on the trip, col. 23, lines 17-21. Estes further states that: in some instances, the time zone change may be for a brief time period, such as when a user travels out of his/her home time zone for a brief period and then returns, col. 22, lines 32-35. Therefore, a person skilled in the art would recognize that the process is configured to receive travel information (via manual input from the user) to set up any time such as schedule travel departure time or schedule travel return time).
Regarding claims 22 & 26-27, wherein the at least one processor is further configured to shift the delivery pattern based on one or more of the travel departure times (e.g., external reference system 230 is be implemented to automatically adjust the dosing schedule in the case of a time change, col. 22, lines 23-25; the dosing rate is gradually adjusted based on the time change…, col. 22,lines 55-65; the dosing schedule, which is controlled by the controller device 220, may adjust to conform to the new time zone by making a step-shift…, col. 23, lines 7-12, also see col. 23, line 24-col. 24, line 6).
With aspect to the limitation, i.e., the processor is configured to shift the delivery pattern based on the travel return time, (as required in claims 22 & 27), and the limitation, i.e. the travel information includes a travel return time, (as required in claim 26), as discussed the above, the processor is configured to adjust the dosing schedule based on the time change; therefore, a person skilled in the art would recognize that when the user travels back to home base, the external reference system will update the local time, and therefore, the processor is configured to shift the delivery schedule/pattern based on the local time at home base (or travel return time).
Regarding claim 23, further comprising a user interface, and wherein the at least one processor is configured to receive the travel information through the user interface (via display update time on display 622, see Fig. 18).
Regarding claim 25, Estes discloses all claimed subject matter as required in claims 11 & 24, Estes further discloses that wherein the at least one processor is configured to determine the destination time zone based on the travel destination, see block 1606 in Fig. 16; col. 22, lines 23-25; col. 23, lines 34-42; col. 25, lines 27-37.
Regarding claim 28, Estes discloses all claimed subject matter as required in claim 11. Estes further discloses that comprising a user interface 622, and wherein the at least one processor is configured to receive the travel information (time/date signal) through the user interface 622, in Fig. 18.
Response to Arguments
Applicant's arguments filed 04/22/26 have been fully considered but they are not persuasive.
Prior art Estes:
1) Applicant argues that Estes does not disclose receiving a geographic travel destination. Applicant further states that a “travel destination” is a geographic place, not a time zone, and not a time zone change.
In response, Applicant clearly states in para [0098] below that: the time change information includes travel information of the user. The travel information may include a destination of the user, or only the change in time zones the travel will involve. In addition, Applicant does not state a geographic place, instead of saying: the user travels from the Eastern Time Zone to the Pacific Time Zone. For example: the user travels from the Eastern Time Zone to the Pacific Time Zone. See the marked-up boxes in paras [0098-0099] below. In other words, the applicant defines in the paras [0098-0099] that the limitation “travel destination” is equivalent to “time zone change” (that is different from the time zone at home).
PNG
media_image1.png
563
612
media_image1.png
Greyscale
PNG
media_image2.png
323
642
media_image2.png
Greyscale
Similarly, Estes states in col. 24, lines 28-32 that:
PNG
media_image3.png
353
641
media_image3.png
Greyscale
In addition, Estes further states that: the user can anticipate a time change and can initiate a dosing schedule adaptation prior to the time change. For example, the user may be preparing for a trip to a different time zone and can initiate a change in the dosing schedule prior to departing on the trip, col. 23, lines 17-21.
For all the reasons above, Estes clearly discloses the limitation, i.e., receive travel information of the user including a travel destination for the user, the travel destination having a destination time zone (a new time zone that away from home) of the user. In other words, the term “a travel destination” is equivalent to travel to a different time zone that away from home.
2) Applicant argues that Estes does not describe that user entering a geographic destination into the pump’s process.
In response, the applicant’s statement above is unreasonable and does not make any sense that the user does not provide a geographic destination into the pump’s process. Meanwhile, Estes states that: the user can anticipate a time change and can initiate a dosing schedule adaptation prior to the time change. For example, the user may be preparing for a trip to a different time zone and can initiate a change in the dosing schedule prior to departing on the trip, col. 23, lines 17-21.
Based on the statement in col. 23, lines 17-21 in Estes above, how is possible that someone being preparing for a trip to a different time zone without knowing a travel destination.
3) Applicant further states that a GPS clock signal is a time signal, it communicates what time it is at the user’s current location. It does not communication any geographic location.
In response, it is very common knowledge that the GPS clock (for example: in the smartphones or in car navigation system) generally updates the device’s clock to the local time of at the user’s current location. In other words, if the user travels to the new destination, the GPS clock will be updated at the current time at the new destination where is the user is currently present at the new travel destination location (geographic location).
Prior art Remde: (Response to the Argument filed on 12/22/25)
4) Applicant argues in the Remarks 12/12/25 on page 6 that: Remde discloses use of a GPS system in order to determine time shifts, but never teaches or suggests determining a location of travel destination as claimed.
In response, Remde discloses in para [0002] that: the present invention relates to a method for operation of a metering apparatus for liquid medicaments with computer/microprocessor-aided control in the event of a time shift or displacement, e.g., a travel-dependent displacement in the local time.
The para [0033], ... In some preferred embodiments, the time shifts are determined by the control by evaluation of data which are received in a wireless manner, e.g., through a satellite navigation system, for example a GPS system, which is integrated in the metering apparatus.
The para [0056], ... In this case, the user either declares the new local time t2 of the destination or else the time shift between the home time t1 and the destination time t2.
The para [0059], ... It is also possible to display the time shift which forms the basis for the diurnal profile of delivery that is currently being used relative to the local times in relation to each other such that these are displayed by means of pictograms ("home" for the local time at the home location; "discharge profile" for the actual time shift of the diurnal profile of delivery that is currently being used; "clock" for the local time at the destination). "Home" and "clock" are in this case arranged such that they make use of virtually the display width. In the case of the positive time shift being present the pictogram "clock" is shown on the right and the pictogram "home" on the left in the display. The pictogram "discharge profile" is shown in between them, namely in such a way that the distances a to "home" (local time at the home location) and b to "clock" (local time at the destination) are, within the scope of the display resolution, proportional to the respective time shifts relative to these local times.
For all the evidence in the paras [0002, 0033, 0056, 0059] above, a processor in Remde is configured to determine a location of a travel destination; and is configured to determine time change information indicating a change to the time of day (a local time at the travel destination) based on a time zone of the travel destination.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
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 QUYNH-NHU HOANG VU whose telephone number is (571)272-3228. The examiner can normally be reached M-F 7:30 am-4:00 pm.
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, Michael Tsai can be reached at 571-270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/QUYNH-NHU H. VU/Primary Examiner, Art Unit 3783
Prosecution Insights