DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Objections
Claims 7, 18 are objected to because of the following informalities: claim 7 recites “and a current limiting.” There appears to be a missing word at the end of the claim such as – a current limiting assembly. Claim 18 includes the same limitation. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11,672,906. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are drawn to a process of using a product wherein the process of using the product as claimed cannot be practiced with another materially different product, and the product as claimed cannot be used in a materially different process. See MPEP 806.05(h).
Regarding claim 1 of the application, claim 1 of the patent discloses a device configured to perform the claimed method as illustrated on the table below:
A method comprising:
11,672,906
dispensing an infusible fluid from a reservoir of an infusion pump;
An infusion pump assembly comprising:
claim 1, line 58
a motor assembly configured to dispense infusible fluid from the reservoir assembly;
claim 1, lines 59-60
electrically coupling a first electric power supply to at least a portion of a processing logic;
a first power supply configured to provide primary electrical energy to at least a portion of the processing logic;
claim 1, lines 62-64
detecting a failure of the first electric power supply to power the at least a portion of the processing logic;
a second power supply configured to provide second electrical power to the at least a portion of the processing logic in the event that the first power supply fails to provide the first electrical energy to the at least a portion of the processing logic;
claim 1, lines 66-3
electrically coupling a second electric power supply to the at least a portion of the processing logic after the failure is detected;
a second power supply configured to provide second electrical power to the at least a portion of the processing logic in the event that the first power supply fails to provide the first electrical energy to the at least a portion of the processing logic;
claim 1, lines 66-3
allowing the first power supply to charge the second power supply; and
allow the first power supply to charge the second power supply
claim 1, lines 6-7
prohibiting the second power supply from providing the second electric power to at least a second portion of the processing logic different than the at least a portion of the processing logic simultaneously with the allowing act.
and simultaneously, prohibit the second power supply from providing the second electric power to at least a second portion of the processing logic different than the at least a portion of the processing logic.
claim 1, lines 7-10
Because the device as claimed is configured to perform the claimed method, the device cannot be used in a materially different method. And since the method as claimed requires the specific claimed device, the method cannot be used with a materially different device. therefore, the claimed method and device are not patentably distinct.
Regarding claims 2-13 of the application, claims 2-13 of the patent (see table below) recite similar limitations and therefore are not patentably distinct for the reasons explained above.
Application
11,672,906
2
2
3
3
4
8
5
9
6
10
7
11
8
12
9
13
10
4
11
6
12
7
13
5
Regarding claim 14 of the application, claim 14 of the patent discloses a device configured to perform the claimed method as illustrated on the table below:
A method comprising:
11,672,906
dispensing an infusible fluid from a reservoir of an infusion pump;
An infusion pump assembly comprising:
claim 14, line 54
a motor configured to dispense an infusible fluid contained within a reservoir;
claim 14, lines 56-58
electrically coupling a battery to at least a portion of a processing logic;
a first battery configured to provide a first electrical power to at least a portion of the processing logic;
claim 14, lines 58-59
detecting a failure of the battery to power the at least a portion of the processing logic;
a super capacitor configured to provide a second electrical power to the at least a portion of the processing logic in the event that the first battery fails to provide the first electric power to the at least a portion of the processing logic;
claim 14, lines 60-64
Because the device as claimed is configured to perform the claimed method, the device cannot be used in a materially different method. And since the method as claimed requires the specific claimed device, the method cannot be used with a materially different device. therefore, the claimed method and device are not patentably distinct.
Regarding claims 15-19 of the application, claims 15-19 of the patent (see table below) recite similar limitations and therefore are not patentably distinct for the reasons explained above.
Application
11,672,906
15
16
16
17
17
18
18
19
19
15
Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 10,583,247. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are drawn to a process of using a product wherein the process of using the product as claimed cannot be practiced with another materially different product, and the product as claimed cannot be used in a materially different process. See MPEP 806.05(h).
Regarding claim 1 of the application, claim 1 of the patent discloses a device configured to perform the claimed method as illustrated on the table below:
A method comprising:
10,583,247
dispensing an infusible fluid from a reservoir of an infusion pump;
An infusion pump assembly comprising:
claim 1, line 28
a motor assembly configured to dispense infusible fluid from the reservoir assembly;
claim 1, lines 60-61
electrically coupling a first electric power supply to at least a portion of a processing logic;
a primary power supply configured to provide primary electrical energy to at least a portion of the processing logic;
claim 1, lines 62-34
detecting a failure of the first electric power supply to power the at least a portion of the processing logic;
a backup power supply configured to provide backup electrical energy to the at least a portion of the processing logic in the event that the primary power supply fails to provide the primary electrical energy to the at least a portion of the processing logic;
claim 1, lines 65-2
electrically coupling a second electric power supply to the at least a portion of the processing logic after the failure is detected;
a backup power supply configured to provide backup electrical energy to the at least a portion of the processing logic in the event that the primary power supply fails to provide the primary electrical energy to the at least a portion of the processing logic;
claim 1, lines 65-2
allowing the first power supply to charge the second power supply; and
wherein the processing logic includes a circuit partitioning component allowing the primary power supply to charge the backup power supply
claim 1, lines 4-7
prohibiting the second power supply from providing the second electric power to at least a second portion of the processing logic different than the at least a portion of the processing logic simultaneously with the allowing act.
while prohibiting the backup power supply from providing backup electrical energy to at least a second portion of the processing logic different that the at least a portion of the processing logic.
claim 1, lines 5-9
Because the device as claimed is configured to perform the claimed method, the device cannot be used in a materially different method. And since the method as claimed requires the specific claimed device, the method cannot be used with a materially different device. therefore, the claimed method and device are not patentably distinct.
Regarding claims 2-13 of the application, claims 2-13 of the patent (see table below) recite similar limitations and therefore are not patentably distinct for the reasons explained above.
Application
10,583,247
2
2
3
3
4
8
5
9
6
10
7
11
8
12
9
13
10
4
11
6
12
7
13
5
Regarding claim 14 of the application, claim 14 of the patent discloses a device configured to perform the claimed method as illustrated on the table below:
A method comprising:
10.583.247
dispensing an infusible fluid from a reservoir of an infusion pump;
An infusion pump assembly comprising:
claim 14, line 58
a motor assembly configured to dispense infusible fluid from the reservoir assembly;
claim 14, lines 59-60
electrically coupling a battery to at least a portion of a processing logic;
a first battery configured to provide primary electrical energy to at least a portion of the processing logic;
claim 14, lines 61-62
detecting a failure of the battery to power the at least a portion of the processing logic;
a supper capacitor assembly configured to provide backup electrical energy to the at least a portion of the processing logic in the event that the first battery fails to provide the primary electrical energy to the at least a portion of the processing logic;
claim 14, lines 63-67
electrically coupling a super capacitor to the at least a portion of the processing logic after the failure is detected;
a super capacitor configured to provide backup electrical energy to the at least a portion of the processing logic in the event that the first battery supply fails to provide the primary electrical energy to the at least a portion of the processing logic;
claim 14, lines 63-67
allowing the battery to charge the super capacitor; and
wherein the processing logic includes a circuit partitioning component allowing the first battery to charge the super capacitor
claim 14, lines 2-5
prohibiting the super capacitor from providing power to at least a second portion of the processing logic different than the at least a portion of the processing logic simultaneously with the allowing act.
while prohibiting the super capacitor from providing backup electrical energy to at least a second portion of the processing logic different that the at least a portion of the processing logic.
claim 14, lines 3-6
Because the device as claimed is configured to perform the claimed method, the device cannot be used in a materially different method. And since the method as claimed requires the specific claimed device, the method cannot be used with a materially different device. therefore, the claimed method and device are not patentably distinct.
Regarding claims 15-19 of the application, claims 15-19 of the patent (see table below) recite similar limitations and therefore are not patentably distinct for the reasons explained above.
Application
10,583,247
15
16
16
17
17
18
18
19
19
15
Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 9,833,567. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are drawn to a process of using a product wherein the process of using the product as claimed cannot be practiced with another materially different product, and the product as claimed cannot be used in a materially different process. See MPEP 806.05(h).
Regarding claim 1 of the application, claim 1 of the patent discloses a device configured to perform the claimed method as illustrated on the table below:
A method comprising:
9,833,567
dispensing an infusible fluid from a reservoir of an infusion pump;
An infusion pump assembly comprising:
claim 1, line 58
a motor assembly configured to dispense infusible fluid from the reservoir assembly;
claim 1, lines 61-62
electrically coupling a first electric power supply to at least a portion of a processing logic;
a primary power supply configured to provide primary electrical energy to at least a portion of the processing logic;
claim 1, lines 65-67
detecting a failure of the first electric power supply to power the at least a portion of the processing logic;
a backup power supply configured to provide backup electrical energy to the at least a portion of the processing logic in the event that the primary power supply fails to provide the primary electrical energy to the at least a portion of the processing logic;
claim 1, lines 1-5
electrically coupling a second electric power supply to the at least a portion of the processing logic after the failure is detected;
a backup power supply configured to provide backup electrical energy to the at least a portion of the processing logic in the event that the primary power supply fails to provide the primary electrical energy to the at least a portion of the processing logic;
claim 1, lines 1-5
allowing the first power supply to charge the second power supply; and
wherein the processing logic includes a circuit partitioning component allowing the primary power supply to charge the backup power supply
claim 1, lines 7-8
prohibiting the second power supply from providing the second electric power to at least a second portion of the processing logic different than the at least a portion of the processing logic simultaneously with the allowing act.
while prohibiting the backup power supply from providing backup electrical energy to at least a second portion of the processing logic different that the at least a portion of the processing logic.
claim 1, lines 9-13
Because the device as claimed is configured to perform the claimed method, the device cannot be used in a materially different method. And since the method as claimed requires the specific claimed device, the method cannot be used with a materially different device. therefore, the claimed method and device are not patentably distinct.
Regarding claims 2-13 of the application, claims 2-13 of the patent, respectively, recite similar limitations and therefore are not patentably distinct for the reasons explained above.
Regarding claim 14 of the application, claim 14 of the patent discloses a device configured to perform the claimed method as illustrated on the table below:
A method comprising:
9,833,567
dispensing an infusible fluid from a reservoir of an infusion pump;
An infusion pump assembly comprising:
claim 14, line 60
a motor assembly configured to dispense infusible fluid from the reservoir assembly;
claim 14, lines 63-65
electrically coupling a battery to at least a portion of a processing logic;
a first battery configured to provide primary electrical energy to at least a portion of the processing logic;
claim 14, lines 1-2
detecting a failure of the battery to power the at least a portion of the processing logic;
a supper capacitor assembly configured to provide backup electrical energy to the at least a portion of the processing logic in the event that the first battery fails to provide the primary electrical energy to the at least a portion of the processing logic;
claim 14, lines 3-7
electrically coupling a super capacitor to the at least a portion of the processing logic after the failure is detected;
a super capacitor configured to provide backup electrical energy to the at least a portion of the processing logic in the event that the first battery supply fails to provide the primary electrical energy to the at least a portion of the processing logic;
claim 14, lines 3-7
allowing the battery to charge the super capacitor; and
wherein the processing logic includes a circuit partitioning component allowing the first battery to charge the super capacitor
claim 14, lines 7-10
prohibiting the super capacitor from providing power to at least a second portion of the processing logic different than the at least a portion of the processing logic simultaneously with the allowing act.
while prohibiting the super capacitor from providing backup electrical energy to at least a second portion of the processing logic different that the at least a portion of the processing logic.
claim 14, lines 10-13
Because the device as claimed is configured to perform the claimed method, the device cannot be used in a materially different method. And since the method as claimed requires the specific claimed device, the method cannot be used with a materially different device. therefore, the claimed method and device are not patentably distinct.
Regarding claims 15-19 of the application, claims 15-19 of the patent, respectively, recite similar limitations and therefore are not patentably distinct for the reasons explained above.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. 9,492,605. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are drawn to a process of using a product wherein the process of using the product as claimed cannot be practiced with another materially different product, and the product as claimed cannot be used in a materially different process. See MPEP 806.05(h).
Regarding claim 1 of the application, claim 1 of the patent discloses a device configured to perform the claimed method as illustrated on the table below:
A method comprising:
9,492,605
dispensing an infusible fluid from a reservoir of an infusion pump;
An infusion pump assembly comprising:
claim 1, line 58
a motor assembly configured to dispense infusible fluid from the reservoir assembly;
claim 1, lines 61-62
electrically coupling a first electric power supply to at least a portion of a processing logic;
a primary power supply configured to provide primary electrical energy to at least a portion of the processing logic;
claim 1, lines 1-3
detecting a failure of the first electric power supply to power the at least a portion of the processing logic;
a backup power supply configured to provide backup electrical energy to the at least a portion of the processing logic in the event that the primary power supply fails to provide the primary electrical energy to the at least a portion of the processing logic;
claim 1, lines 4-8
electrically coupling a second electric power supply to the at least a portion of the processing logic after the failure is detected;
a backup power supply configured to provide backup electrical energy to the at least a portion of the processing logic in the event that the primary power supply fails to provide the primary electrical energy to the at least a portion of the processing logic;
claim 1, lines 4-8
allowing the first power supply to charge the second power supply; and
wherein the processing logic includes a circuit partitioning component allowing the primary power supply to charge the backup power supply
claim 1, lines 7-8
prohibiting the second power supply from providing the second electric power to at least a second portion of the processing logic different than the at least a portion of the processing logic simultaneously with the allowing act.
while prohibiting the backup power supply from providing backup electrical energy to at least a second portion of the processing logic different that the at least a portion of the processing logic.
claim 7, lines 23-28
Because the device as claimed is configured to perform the claimed method, the device cannot be used in a materially different method. And since the method as claimed requires the specific claimed device, the method cannot be used with a materially different device. therefore, the claimed method and device are not patentably distinct.
Allowable Subject Matter
Claims 1-19 are allowable over the prior art of record but for the double patenting rejections above.
The following is a statement of reasons for the indication of allowable subject matter: the subject matter of the independent claims could not be found and was not suggested by the prior art of record. The subject matter not found is a method comprising the steps of electrically coupling a first electric power supply to at least a portion of a processing logic; detecting a failure of the first electric power supply to power the at least a portion of the processing logic; electrically coupling a second electric power supply to the at least a portion of the processing logic after the failure is detected; allowing the first power supply to charge the second power supply; and prohibiting the second power supply from providing the second electric power to at least a second portion of the processing logic different than the at least a portion of the processing logic simultaneously with the allowing act, in combination with the features of the invention, substantially as claimed.
For additional reasons for allowance, see prosecution history of parent applications 12/249,540, 13/305, 044, 14/181, 170, 15/350,572, 15/830, 063, 16/812608.
For the closest prior art of record, see prosecution history of parent applications listed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA A BOUCHELLE whose telephone number is (571)272-2125. The examiner can normally be reached Mon-Fri 8:00-5:00 CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bhisma Mehta can be reached at 571-272-3383. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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LAURA A. BOUCHELLE
Primary Examiner
Art Unit 3783
/LAURA A BOUCHELLE/Primary Examiner, Art Unit 3783