DETAILED ACTION Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. 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 appl icant regards as his invention. Clai ms 192-200 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 . Claim 192 is rejected under 35 U.S.C. § 112(b) because the claim recites "the at least one energy consuming part" without proper antecedent basis. The term "at least one energy consuming part" is introduced for the first time in this claim without prior introduction in the parent claims. Claim 193 is rejected under 35 U.S.C. § 112(b) because the claim recites "the at least one energy consuming part" without proper antecedent basis. The term "at least one energy consuming part" is introduced in this claim without prior introduction in the parent claims. Claim 194 is further rejected under 35 U.S.C. § 112(b) because the claim recites "the at least one infusion needle" without proper antecedent basis. The claim previously introduces "an infusion needle" but then refers to "the at least one infusion needle." Claim 196 is rejected under 35 U.S.C. § 112(b) because the claim recites "the first compartment" without proper antecedent basis. Claim 182 introduces "at least one compartment," but claim 196 refers to "the first compartment" without prior introduction. Claim 196 is further rejected under 35 U.S.C. § 112(b) because the claim recites "one or more second compartments" without proper antecedent basis. The term "second compartments" is introduced for the first time in this claim without prior introduction in the parent claims. Claim 196 is further rejected under 35 U.S.C. § 112(b) because the claim recites "the infusion liquid" without proper antecedent basis. The term "infusion liquid" is introduced for the first time in this claim without prior introduction in the parent claims. Claim 198 is rejected under 35 U.S.C. § 112(b) because the claim contains a grammatical error. The phrase "The method of either of claim 196" is improper and should read "The method of claim 196" or "The method of claim 197." 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 . Claim 182 is rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 10,940,034 . Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of the cited patent discloses a method of treating a patient by implanting at least part of system for injecting a substance into the patient's body, wherein the system comprises: an infusion device for injecting a substance into a part of the body of the patient, at least one reservoir comprising at least one compartment which accommodates and preserves or is adapted to accommodate and preserve the substance to be injected, the reservoir being adapted for implantation inside the patient's body in fluid connection with the infusion device to supply to the infusion device the substance to be injected into the patient's body, and an active cooling device adapted to cool the reservoir and thereby keep the substance within said at least one compartment of the reservoir at a temperature below 37° C. , the method comprising the steps of: cutting the skin of the patient, dissecting free at least one area within the patient's body, placing the infusion device and the at least one reservoir inside the patient's body along with the cooling device for keeping the content within said at least one compartment of the reservoir at a temperature below 37° C., such that the at least one reservoir is in fluid connection with the infusion device to supply to the infusion device the substance to be injected into the patient's body , and closing at least the skin of the patient after implantation of at least parts of the system. Based on the above comments, all the method steps disclosed in claim 182 of this application are disclosed by claim 1 of the cited patent, and therefore, for an artisan skilled in the art, the claims in question are n ot identical , but are not patentably distinct from each other . Allowable Subject Matter Pending the resolution of the section 112 deficiencies described above, i ndependent claim 182 an d dependent claims 183 to 200 are considered allowable over the prior art of record . The following is a statement of reasons for the indication of allowable subject matter : The closest prior art of record is WO 2007/051563 A1 ( Forsell ) . Forsell discloses an implantable infusion device for injecting a substance into a patient's body, comprising a reservoir and a pump. However, Forsell does not disclose " an active cooling device adapted for implantation inside the patient's body and adapted to cool the reservoir and thereby keep the substance within said at least one compartment of the reservoir at a temperature below 37° C. " An extensive search of the prior art failed to find any reference disclosing an implantable drug delivery system comprising an active cooling device specifically adapted to cool the drug reservoir below body temperature (37° C) to preserve temperature-sensitive drugs. Therefore, the combination of elements in independent claim 182 is novel and non-obvious over the prior art. Because independent claim 182 is allowable, all dependent claims (claims 183-200) that depend from claim 182 are also allowable for the same reasons, as they contain all the limitations of the allowable base claim. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT MANUEL A MENDEZ whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-4962 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Mon-Fri 7:00 AM-5:00 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, FILLIN "SPE Name?" \* MERGEFORMAT Bhisma Mehta can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-3383 . 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. Respectfully submitted, /MANUEL A MENDEZ/ Primary Examiner, Art Unit 3783