DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-20 remain pending. Claims 1, 5, 10-12, 14-18, and 20 have been amended.
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.
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Claims 1-9 and 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11, of U.S. Patent No. US 10906180 B1
Claim 1 of Current Application
Claim 1 of U.S. Patent No. US 10906180 B1
A method to monitor and autonomously configure an intravascular assembly, comprising:
A method to monitor and autonomously configure an intravascular assembly without medical staff involvement or presence, comprising:
associating a robotic device with an intravascular assembly,
associating a robotic device with an intravascular assembly,
the intravascular assembly having tubing through which fluids are delivered intravenously;
the intravascular assembly having tubing through which fluids are delivered intravenously;
initiating and continuously monitoring the tubing;
continuously monitoring the tubing;
responsive to the monitoring, detecting an errant flow through the tubing;
responsive to the monitoring, detecting an errant flow through the tubing that results from one of: a kink or twist in the tubing, an air bubble in the tubing, an occlusion or clot in the tubing, and pressure variations;
and responsive to detecting the errant flow, and in advance of an alarm being generated in association with the intravascular assembly, issuing a command to the robotic device,
and responsive to detecting the errant flow, and in advance of an audible alarm being generated in association with the intravascular assembly, issuing a command to the associated robotic device,
the command configured to initiate, by the robotic device, engagement with and mechanical manipulation of the tubing, thereby remediating the errant flow.
the command configured to initiate, by the robotic device, engagement with and mechanical manipulation of the tubing, thereby remediating the errant flow before the audible alarm occurs, wherein the audible alarm is triggerable due to the errant flow.
The differences between the claims are shown in bold. Claim 1 of U.S. Patent No. US 10906180 B1 has every limitation of claim 1 of the current application except for initiating monitoring the tubing. However, claim 1 of U.S. Patent No. US 10906180 B1 does include the limitation of continuously monitoring the tubing, which means the monitoring was initiated at some point in time. Therefore, claim 1 is rejected on the ground of nonstatutory double patenting.
Claim 2 of Current Application
The method as described in claim 1 wherein the errant flow is detected by a sensor carried on the robotic device.
Claim 2 of U.S. Patent No. US 10906180 B1
The method as described in claim 1 wherein the errant flow is detected by a sensor carried on the robotic device
Claim 3 of Current Application
The method as described in claim 1 wherein the errant flow is detected by one or more sensors located with the tubing.
Claim 3 of U.S. Patent No. US 10906180 B1
The method as described in claim 1 wherein the errant flow is detected by one or more sensors located with the tubing.
Claim 4 of Current Application
The method as described in claim 1 wherein the command is issued to the associated robotic device wirelessly
Claim 4 of U.S. Patent No. US 10906180 B1
The method as described in claim 1 wherein the command is issued to the associated robotic device wirelessly.
Claim 5 of Current Application
The method as described in claim 1 wherein the alarm is an audible alarm, the method further including: deactivating the audible alarm at the intravascular assembly; and issuing an alert that the audible alarm has been deactivated and that the errant flow has been remediated.
Claim 5 of U.S. Patent No. US 10906180 B1
The method as described in claim 1 further including: deactivating the audible alarm at the intravascular assembly; and silently issuing an alert that the audible alarm has been deactivated but that the errant flow has been remediated.
Claim 6 of the Current Application
The method as described in claim 1 wherein the mechanical manipulation engages the tubing and unkinks or untwists the tubing to remediate the errant flow.
Claim 6 of U.S. Patent No. US 10906180 B1
The method as described in claim 1 wherein the mechanical manipulation engages the tubing and unkinks or untwists the tubing to remediate the errant flow.
Claim 8 of the Current Application
The method as described in claim 1 wherein the monitoring is performed by the robotic device.
Claim 7 of U.S. Patent No. US 10906180 B1
The method as described in claim 1 wherein the monitoring is performed by the robotic device.
Claim 9 of the Current Application
The method as described in claim 1 further including processing information associated with the detected errant flow, and, responsive to the processing, issuing the command
Claim 8 of U.S. Patent No. US 10906180 B1
The method as described in claim 1 further including processing information associated with the detected errant flow and, responsive to the processing, issuing the command.
Claim 19 of the Current Application
The method as described in claim 1 further including: configuring an oximeter on the robotic device; and indirectly monitoring oxygen saturation using the robotic device; and responsive to a monitored oxygen saturation, issuing a notification of a medical condition indicating potential Covid-19 disease.
Claim 9 of U.S. Patent No. US 10906180 B1
The method as described in claim 1 further including: configuring an oximeter on the robotic device; and indirectly monitoring oxygen saturation using the robotic device; and responsive to a monitored oxygen saturation, issuing a notification of a medical condition indicating a potential Covid-19 disease.
The differences between the claims are shown in bold. The claims are the same except for claim 5. The only limitation that is recited in claim 5 of the current application that is not recited in claim 5 of U.S. Patent No. US 10906180 B1 is “wherein the alarm is an audible alarm”. However, claim 1 of U.S. Patent No. US 10906180 B1 from which claim 5 depends off of recites that the alarm is an audible alarm. Therefore, claims 2-6, 8-9, and 19 are rejected on the grounds of nonstatutory double patenting.
Claim 7 of Current Application, which depends off of claims 1 and 6.
Claim 10 of U.S. Patent No. US 10906180 B1
A method to monitor and autonomously configure an intravascular assembly without medical staff involvement or presence, comprising:
A method to monitor and autonomously configure an intravascular assembly without medical staff involvement or presence, comprising:
associating a robotic device with an intravascular assembly,
associating a robotic device with an intravascular assembly,
the intravascular assembly having tubing through which fluids are delivered intravenously;
the intravascular assembly having tubing through which fluids are delivered intravenously;
initiating and continuously monitoring the tubing;
continuously monitoring the tubing;
responsive to the monitoring, detecting an errant flow through the tubing that results from one of: a kink or twist in the tubing, an air bubble in the tubing, an occlusion or clot in the tubing, and pressure variations;
responsive to the monitoring, detecting an errant flow through the tubing that results from one of: a kink or twist in the tubing, an air bubble in the tubing, an occlusion or clot in the tubing, and pressure variations;
and responsive to detecting the errant flow, and in advance of an audible alarm being generated in association with the intravascular assembly, issuing a command to the associated robotic device,
and responsive to detecting the errant flow, and in advance of an audible alarm being generated in association with the intravascular assembly, issuing a command to the associated robotic device,
the command configured to initiate, by the robotic device, engagement with and mechanical manipulation of the tubing, thereby remediating the errant flow.
the command configured to initiate, by the robotic device, engagement with and mechanical manipulation of the tubing, thereby remediating the errant flow
Claim 7 of Current Application
The method as described in claim 6 wherein the robotic device comprises a robotic hand that unkinks or untwists the tubing by moving over one or more attachment points or a track surrounding the tubing.
wherein the robotic device comprises a robotic hand that unkinks or untwists the tubing by moving over one or more attachment points or a track surrounding the tubing,
Claim 6 of Current Application
The method as described in claim 1 wherein the mechanical manipulation engages the tubing and unkinks or untwists the tubing to remediate the errant flow.
and wherein the mechanical manipulation engages the tubing and unkinks or untwists the tubing to remediate the errant flow.
The differences between the claims are shown in bold. Claim 10 of U.S. Patent No. US 10906180 B1 has every limitation of claim 7 of the current application except for initiating monitoring the tubing. However, claim 10 of U.S. Patent No. US 10906180 B1 does include the limitation of continuously monitoring the tubing, which means the monitoring was initiated at some point in time. Therefore, claim 7 is rejected on the ground of nonstatutory double patenting.
Claim 20 of Current Application, which depends off of claim 1
Claim 11 of U.S. Patent No. US 10906180 B1
A method to monitor and autonomously configure an intravascular assembly without medical staff involvement or presence, comprising:
A method to monitor and autonomously configure an intravascular assembly without medical staff involvement or presence, comprising:
associating a robotic device with an intravascular assembly,
associating a robotic device with an intravascular assembly,
the intravascular assembly having tubing through which fluids are delivered intravenously;
the intravascular assembly having tubing through which fluids are delivered intravenously;
initiating and continuously monitoring the tubing;
continuously monitoring the tubing;
responsive to the monitoring, detecting an errant flow through the tubing that results from one of: a kink or twist in the tubing, an air bubble in the tubing, an occlusion or clot in the tubing, and pressure variations;
responsive to the monitoring, detecting an errant flow through the tubing that results from one of: a kink or twist in the tubing, an air bubble in the tubing, an occlusion or clot in the tubing, and pressure variations;
and responsive to detecting the errant flow, and in advance of an audible alarm being generated in association with the intravascular assembly, issuing a command to the associated robotic device,
responsive to detecting the errant flow, and in advance of an audible alarm being generated in association with the intravascular assembly, issuing a command to the associated robotic device,
the command configured to initiate, by the robotic device, engagement with and mechanical manipulation of the tubing, thereby remediating the errant flow.
the command configured to initiate, by the robotic device, engagement with and mechanical manipulation of the tubing, thereby remediating the errant flow
Claim 20 of Current Application
The method as described in claim 1 further including: configuring a biosensor on the robotic device; collecting information generated by the biosensor; and responsive to a determination that the information indicates presence or absence of SARS-Cov-2 virus or its antibodies, taking an action.
configuring a biosensor on the robotic device; collecting information generated by the biosensor; and responsive to a determination that the information indicates presence or absence of SARS-Cov-2 virus or antibodies of SARS-Cov-2 virus, outputting the information to other persons or entities.
The differences between the claims are shown in bold. Claim 11 of U.S. Patent No. US 10906180 B1 has every limitation of claim 20 of the current application except for initiating monitoring the tubing and taking an action. However, claim 11 of U.S. Patent No. US 10906180 B1 does include the limitation of continuously monitoring the tubing, which means the monitoring was initiated at some point in time. Claim 11 also includes outputting the information to other persons or entities, which is interpreted as taking an action. Therefore, claim 20 is rejected on the ground of nonstatutory double patenting.
Claims 10-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. US 11872708 B2 in view of Jenkins (US 20150182726 A1) (Hereinafter referred to as Jenkins)
Claim 10 of Current Application
Claim 1 of U.S. Patent No. US 11872708 B2
A system to monitor and autonomously configure an intravascular assembly,
A system to monitor and autonomously configure an intravascular assembly without medical staff involvement or presence,
the intravascular assembly having tubing through which fluids are delivered intravenously,
the intravascular assembly having tubing through which fluids are delivered intravenously,
comprising: a robotic device having an end effector,
comprising: a robotic device having an end effector,
and at least one sensor that continuously monitors the tubing;
and at least one sensor that continuously monitors the tubing;
a control subsystem comprising computer hardware and software configured to, responsive to detection by the at least one sensor of an errant flow through the tubing;
and a control subsystem (a) responsive to detection by the at least one sensor of an errant flow through the tubing that results from one of: a kink or twist in the tubing, an air bubble in the tubing, an occlusion or clot in the tubing, and pressure variations;
generate a command that controls the end effector to initiate engagement with and mechanical manipulation of the tubing to remediate the errant flow;
(b) to generate a command that controls the end effector to initiate engagement with and mechanical manipulation of the tubing to remediate the errant flow;
wherein the end effector manipulates the tubing in advance of an alarm being generated in association with the intravascular assembly.
wherein the end effector manipulates the tubing in advance of an audible alarm being generated in association with the intravascular assembly.
The differences in the claims are shown in bold. Every limitation of claim 10 of the current application is included in claim 1 of U.S. Patent No. US 11872708 B2 except for the limitation of the control subsystem comprising computer hardware and software. This limitation, however, is taught by Jenkins (See at least Jenkins Paragraph 0027). Jenkins teaches a control system that is implemented using a computer that executes software. Having a control subsystem comprise computer hardware and software is routine and well-known in the art, as the computer hardware and software allows the control system to carry out its function. Therefore, claim 10 is rejected under nonstatutory double patenting.
Claim 11 of Current Application
The system as described in claim 10 wherein the end effector also includes a light source that issues a coherent light beam along a length of the tubing, and wherein the sensor is an optical sensor that senses movement along a portion of the tubing that breaks the coherent beam.
Claim 2 of U.S. Patent No. US 11872708 B2
The system as described in claim 1 wherein the end effector also includes a light source that issues a coherent light beam along a length of the tubing, and wherein the sensor is an optical sensor that senses movement along a portion of the tubing that breaks the coherent beam.
Claim 12 of Current Application
The system as described in claim 10 further including: a positioning subsystem comprising one or more physical structures positioned adjacent to the tubing.
Claim 3 of U.S. Patent No. US 11872708 B2
The system as described in claim 1 further including: a positioning subsystem comprising one or more physical structures positioned adjacent the tubing.
Claim 13 of Current Application
The system as described in claim 12 wherein the mechanical manipulation includes moving the end effector along the one or more physical structures to unkink or untwist the tubing.
Claim 4 of U.S. Patent No. US 11872708 B2
The system as described in claim 3 wherein the mechanical manipulation includes moving the end effector along the one or more physical structures to unkink or untwist the tubing.
Claim 14 of Current Application
The system as described in claim 10 wherein the alarm is an audible alarm and the control subsystem is further configured to control the intravascular assembly to deactivate the audible alarm associated with the intravascular assembly.
Claim 5 of U.S. Patent No. US 11872708 B2
The system as described in claim 1 wherein the control subsystem is further configured to control the intravascular assembly to deactivate the audible alarm associated with the intravascular assembly.
The differences in the claims are shown in bold. Claim 12 of the current application has a grammatical difference, but the scope of claim 12 of the current application is the same as the scope of claim 3 of U.S. Patent No. US 11872708 B2. The only limitation that is recited in claim 14 of the current application that is not recited in claim 5 of U.S. Patent No. US 11872708 B2 is “wherein the alarm is an audible alarm”. However, claim 1 of U.S. Patent No. US 11872708 B2 from which claim 5 depends off of recites that the alarm is an audible alarm. Therefore, claims 11-14 are rejected on the grounds of nonstatutory double patenting.
Claims 15-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 6-9, of U.S. Patent No. US 11872708 B2
Claim 15 of Current Application
Claim 6 of U.S. Patent No. US 11872708 B2
An apparatus, comprising: an intravascular assembly having tubing through which fluids are delivered intravenously;
An apparatus, comprising: an intravascular assembly having tubing through which fluids are delivered intravenously;
a robotic device having an end effector,
a robotic device having an end effector,
and at least one sensor that continuously monitors the tubing;
and at least one sensor that continuously monitors the tubing;
and a control device comprising hardware and associated software configured to responsive to detection by the at least one sensor of an errant flow through the tubing that results from one of: a kink or twist in the tubing, an air bubble in the tubing, an occlusion or clot in the tubing, and pressure variations,
and a control device comprising hardware and associated software configured (a) responsive to detection by the at least one sensor of an errant flow through the tubing that results from one of: a kink or twist in the tubing, an air bubble in the tubing, an occlusion or clot in the tubing, and pressure variations;
generate a command that controls the end effector to initiate engagement with and mechanical manipulation of the tubing to remediate the errant flow;
(b) to generate a command that controls the end effector to initiate engagement with and mechanical manipulation of the tubing to remediate the errant flow;
wherein the end effector manipulates the tubing in advance of an alarm being generated in association with the intravascular assembly.
wherein the end effector manipulates the tubing in advance of an audible alarm being generated in association with the intravascular assembly.
The differences in the claims are shown in bold. Every limitation of claim 15 of the current application is included in claim 6 of U.S. Patent No. US 11872708 B2. Therefore, claim 15 is rejected on the grounds of nonstatutory double patenting.
Claim 16 of Current Application
The apparatus as described in claim 15 wherein the end effector also includes a light source that issues a coherent light beam along a length of the tubing, and wherein the sensor is an optical sensor that senses movement along a portion of the tubing that breaks the coherent beam.
Claim 7 of U.S. Patent No. US 11872708 B2
The apparatus as described in claim 6 wherein the end effector also includes a light source that issues a coherent light beam along a length of the tubing, and wherein the sensor is an optical sensor that senses movement along a portion of the tubing that breaks the coherent beam.
Claim 17 of Current Application
The apparatus as described in claim 16 further including: one or more physical structures positioned adjacent to the tubing, wherein the mechanical manipulation includes moving the end effector along the one or more physical structures to unkink or untwist the tubing.
Claim 8 of U.S. Patent No. US 11872708 B2
The apparatus as described in claim 7 further including: one or more physical structures positioned adjacent the tubing, wherein the mechanical manipulation includes moving the end effector along the one or more physical structures to unkink or untwist the tubing.
Claim 18 of Current Application
The apparatus as described in claim 15 wherein the alarm is an audible alarm and the control device is further configured to control the intravascular assembly to deactivate the audible alarm associated with the intravascular assembly.
Claim 9 of U.S. Patent No. US 11872708 B2
The apparatus as described in claim 6 wherein the control device is further configured to control the intravascular assembly to deactivate the audible alarm associated with the intravascular assembly.
The differences in the claims are shown in bold. Claim 17 of the current application has a grammatical difference, but the scope of claim 17 of the current application is the same as the scope of claim 8 of U.S. Patent No. US 11872708 B2. The only limitation that is recited in claim 18 of the current application that is not recited in claim 9 of U.S. Patent No. US 11872708 B2 is “wherein the alarm is an audible alarm”. However, claim 6 of U.S. Patent No. US 11872708 B2 from which claim 9 depends off of recites that the alarm is an audible alarm. Therefore, claims 16-18 are rejected on the grounds of nonstatutory double patenting.
Response to Arguments
Applicant's arguments filed 01/29/2026 have been fully considered but they are not persuasive. Examiner acknowledges Applicant has amended the claims to alter the scope of the claims. However, all the limitations of the claims except for one can still be found in US Patent US 10906180 B1 and US Patent US 11872708 B2. The only limitation that is not found is “a control subsystem comprising computer hardware and software” in claim 10. That limitation is rejected in view of Jenkins, which teaches a control system comprising computer hardware and software. For these reasons, claims 1-20 are rejected on the grounds of nonstatutory double patenting.
Applicant is advised to further amend the claims to include new limitations that are not found in US Patent US 10906180 B1 and/or US Patent US 11872708 B2 rather than removing limitations from the claims.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/ESVINDER SINGH/Examiner, Art Unit 3657