DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
2. 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 allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 5/18/2026 has been entered.
3. Claims 21, 22, 26, 29, 31, 33, 34, 36-39, 41, 44, 46-55, & 57-62 are pending.
Information Disclosure Statement
4. Acknowledgement is made to the information disclosure statements (IDS) submitted on 4/14/2026, 5/18/2026, & 6/8/2026. The information disclosure statements are being considered by the examiner.
Claim Objections
5. Applicant is advised that should claim 26 be found allowable, claim 50 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
6. Claims 21, 22, 26, 29, 31, 33, 34, 36-39, 41, 44, 46-55, & 57-62 are rejected under 35 U.S.C. 103 as being unpatentable over Wehba et al. (US 2007/0233521 A1), hereinafter Wehba, and Teel, IV et al. (US 2009/0183105 A1), hereinafter Teel.
Regarding claim 21, Wehba discloses an infusion pump (3130, 3230 – infusion pump) comprising:
a display (88 - display) [0091, 0094, & Fig. 1];
a wireless communication interface [0059-0061];
at least one data processor; and at least one memory including computer program code, the at least one memory and the computer program code configured to, with the at least one data processor [0075 & 0153], cause the infusion pump to at least:
communicate, via the wireless communication interface, with a wireless network [0059-0061];
receive, via the wireless communication interface, patient information after a scannable code reader separate from the infusion pump scans a patient identifier associated with a patient, wherein the patient information is associated with the patient [0013, 0062, 0066, & 0172];
receive, via the wireless communication interface, medication information after the scannable code reader separate from the infusion pump scans a medication scannable code of medication to be administered to the patient, the medication information including a medication order identifier [0067, 0143, & 0172]; and
after the scannable code reader separate from the infusion pump scans the scannable code, the patient identifier, and the medication scannable code, operate the infusion pump based on the medication information, wherein operating the infusion pump comprises administering a large volume parenteral (LVP) infusion from a container [0051, 0055, 0065-0068, 0070, 0076, 0085, & 0086].
Regarding claim 36, Wehba discloses an infusion system for medication infusion within a medical environment, the infusion system comprising:
a display (88 - display) [0091, 0094, & Fig. 1];
a wireless communication interface [0059-0061];
an infusion pump (3130, 3230 – infusion pump) [0066 & 0091];
at least one data processor; and at least one memory including computer program code, the at least one memory and the computer program code configured to, with the at least one data processor [0075 & 0153], cause the infusion system to at least:
communicate, via the wireless communication interface, with a wireless network [0059-0061];
receive, via the wireless communication interface, patient information after a scannable code reader separate from the infusion pump scans a patient identifier associated with a patient, wherein the patient information is associated with the patient [0013, 0062, 0066, & 0172];
receive, via the wireless communication interface, medication information after the scannable code reader separate from the infusion pump scans a medication scannable code of medication to be administered to the patient by the infusion pump, the medication information including a medication order identifier [0067, 0143, & 0172]; and
after the scannable code reader separate from the infusion pump scans the scannable code, the patient identifier, and the medication scannable code, cause operation of the infusion pump based on at least one of the patient information or the medication information, wherein the operation of the infusion pump comprises administering a large volume parenteral (LVP) infusion from a container [0051, 0055, 0065-0068, 0070, 0076, 0085, & 0086].
Regarding claim 57, Wehba discloses an infusion pump comprising:
a display (88 - display) [0091, 0094, & Fig. 1];
a wireless module [0059-0061];
at least one data processor; and at least one memory including computer program code, the at least one memory and the computer program code configured to, with the at least one data processor [0075 & 0153], cause the infusion pump to at least:
receive, via the wireless module, patient information after a scannable code reader separate from the infusion pump scans a patient identifier associated with a patient, wherein the patient information is associated with the patient [0013, 0062, 0066, & 0172];
receive, via the wireless module, medication information after the scannable code reader scans a medication scannable code of medication to be administered to the patient, wherein the medication information includes a medication order identifier [0067, 0143, & 0172]; and
after the scannable code reader separate from the infusion pump scans the scannable code, the patient identifier, and the medication scannable code, operate the infusion pump based on the medication information, wherein operating the infusion pump comprises administering a large volume parenteral (LVP) infusion from a container [0051, 0055, 0065-0068, 0070, 0076, 0085, & 0086].
With respect to claims 21, 36, & 57, the teachings of Wehba have been discussed above.
Wehba, disclosing the scanning of a pump or pump channel label or ID (92) on the pump (3130, 3230) to capture the pump ID, but is silent with respect to explicitly disclosing cause a scannable code different from the medication scannable code to be displayed on the display, the scannable code configured to provide medical device information uniquely identifying the infusion pump, as recited in claims 21, 36, & 57.
Teel teaches, regarding claims 21, 36, & 57, cause a scannable code different from the medication scannable code to be displayed on the display, the scannable code configured to provide medical device information uniquely identifying the infusion pump [0063-0065].
It would have been obvious to one of ordinary skill in the art at the time the invention was made to further employ the displayed barcode features of Teel within the system of Wehba for at least the benefit of providing for machine-readable identification that is protected from physical damage and not subject to wear, smudging, and/or a label becoming unaffixed.
Regarding claim 22, Wehba, as modified above, discloses the infusion pump of claim 21, wherein the at least one memory and the computer program code are further configured to, with the at least one data processor, cause the infusion pump to: store the medication information in the at least one memory; and render, on the display of the infusion pump, at least a portion of the medication information [0075 & 0159].
Regarding claim 26, Wehba, as modified above, discloses the infusion pump of claim 21, wherein the medical device information uniquely identifying the infusion pump comprises a media access control address of the infusion pump [0013 & 0068].
Regarding claim 29, Wehba, as modified above, discloses the infusion pump of claim 21, wherein the at least one memory and the computer program code are further configured to, with the at least one data processor, cause the infusion pump to: receive, from a server and after the scannable code is scanned, a request for communicative coupling with the infusion pump; and render, on the display, a dialog to acknowledge the request for communicative coupling with the infusion pump [0116-0119].
Regarding claim 31, Wehba, as modified above, discloses the infusion pump of claim 21, wherein the at least one memory and the computer program code are further configured to, with the at least one data processor, cause the infusion pump to administer a parenteral infusion of at least 100 mL of fluid from the container [0051, 0055, & 0086].
Regarding claim 33, Wehba, as modified above, discloses the infusion pump of claim 21, wherein the at least one memory and the computer program code are further configured to, with the at least one data processor, cause the infusion pump to receive operational information comprising an identifier for the infusion pump [0068-0070, 0075, & 0159].
Regarding claim 34, Wehba, as modified above, discloses the infusion pump of claim 21, wherein the at least one memory and the computer program code are further configured to, with the at least one data processor, cause the infusion pump to receive operational information comprising medication information or infusion instructions [0068-0070, 0075, & 0159].
Regarding claim 37, Wehba, as modified above, discloses the infusion system of claim 36, wherein the at least one memory and the computer program code are further configured to, with the at least one data processor, cause the infusion system to: store the medication information in the at least one memory; and render, on the display, at least a portion of the medication information [0075 & 0159].
Regarding claim 38, Wehba, as modified above, discloses the infusion system of claim 36, wherein the at least one memory and the computer program code are further configured to, with the at least one data processor, cause the infusion system to receive routing information defining a parameter for routing the medication information [0068, 0102, 0110, & 0127].
Regarding claim 39, Wehba, as modified above, discloses the infusion system of claim 38, wherein the routing information comprises at least one of: a connectivity parameter of the infusion system or authentication information of the infusion system [0068, 0102, & 0127].
Regarding claim 41, Wehba, as modified above, discloses the infusion system of claim 36, wherein the unique identifier of the infusion system comprises at least one of: a model number, a serial number, a media access control address, or an internet protocol address [0013 & 0068].
Regarding claim 44, Wehba, as modified above, discloses the infusion system of claim 36, wherein the at least one memory and the computer program code are further configured to, with the at least one data processor, cause the infusion pump to: connect to a communication network; receive, from a server and after the scannable code is scanned, a request for communicative coupling with the infusion pump; and render, on the display, a dialog to acknowledge the request for communicative coupling with the infusion pump [0116-0119].
Regarding claim 46, Wehba, as modified above, discloses the infusion system of claim 36, wherein the at least one memory and the computer program code are further configured to, with the at least one data processor, cause the infusion pump to administer a parenteral infusion of at least 100 mL of fluid from the container [0051, 0055, & 0086].
Regarding claim 47, Wehba, as modified above, discloses the infusion system of claim 36, wherein the at least one memory and the computer program code are further configured to, with the at least one data processor, cause the infusion system to receive operational information related to operation of the infusion pump after the scannable code is scanned [0068-0070, 0075, & 0159].
Regarding claim 48, Wehba, as modified above, discloses the infusion system of claim 47, wherein the operational information comprises at least one of medication instructions or infusion instructions [0068-0070, 0075, & 0159].
Regarding claim 49, Wehba, as modified above, discloses the infusion pump, of claim 21, wherein the medical device information uniquely identifying the infusion pump comprises a serial number of the infusion pump [0013 & 0068].
Regarding claim 50, Wehba, as modified above, discloses the infusion pump of claim 21, wherein the medical device information uniquely identifying the infusion pump comprises a media access control address of the infusion pump [0013 & 0068].
Regarding claim 51, Wehba, as modified above, discloses the infusion pump of claim 21, wherein the at least one memory and the computer program code are further configured to, with the at least one data processor, cause the infusion pump to: after scanning of the scannable code, send to a server a request for communicative coupling with the infusion pump; and render, on the display, a dialog to acknowledge the request [0116-0119].
Regarding claim 52, Teel, as modified above, discloses the infusion pump of claim 21, wherein the at least one memory and the computer program code are further configured to, with the at least one data processor, cause the infusion pump to: display the scannable code different from the medication scannable code on the display after the scannable code reader scans the patient identifier and the medication scannable code [0063-0065].
Regarding claim 53, Teel, as modified above, discloses the infusion system of claim 36, wherein the at least one memory and the computer program code are further configured to, with the at least one data processor, cause the infusion system to: cause the scannable code different from the medication scannable code to be displayed on the display after the scannable code reader scans the patient identifier and the medication scannable code [0063-0065].
Regarding claim 54, Wehba, as modified above, discloses the infusion system of claim 36, wherein the infusion system is configured to store drug library information [0009-0011 & 0057].
Regarding claim 55, Wehba, as modified above, discloses the infusion system of claim 36, wherein the infusion system is configured to perform authentication [0068, 0102, & 0127].
Regarding claim 58, Wehba, as modified above, discloses the infusion pump of claim 21, wherein the at least one memory and the computer program code are further configured to, with the at least one data processor, cause the infusion pump to: associate the infusion pump with the patient [0013, 0062, 0066, & 0172].
Regarding claim 59, Wehba, as modified above, discloses the infusion pump of claim 58, wherein the at least one memory and the computer program code are further configured to, with the at least one data processor, cause the infusion pump to: disassociate the infusion pump after a pre-determined amount of time has passed [0069-0071].
Regarding claim 60, Wehba, as modified above, discloses the infusion pump of claim 29, wherein the dialog includes a first prompt to accept the request and a second prompt to deny the request [0116-0120].
Regarding claim 61, Wehba, as modified above, discloses the infusion pump of claim 29, wherein the dialog includes an identifier identifying a device from which the request is received [0116-0120].
Regarding claim 62, Wehba, as modified above, discloses the infusion pump of claim 29, wherein the dialog includes: a first prompt to accept the request; a second prompt to deny the request; and an identifier identifying a device from which the request is received [0116-0120].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAULTEP SAVUSDIPHOL whose telephone number is (571)270-1301. The examiner can normally be reached on M-F,7-3 EST. If the examiner cannot be reached by telephone, he can be reached through the following email address: paultep.savusdiphol@uspto.gov
If attempts to reach the examiner by telephone and email are unsuccessful, the examiner’s supervisor, Michael G. Lee can be reached on (571) 272-2398. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAULTEP SAVUSDIPHOL/Primary Examiner, Art Unit 2876
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