Prosecution Insights
Last updated: April 19, 2026
Application No. 18/474,003

INFUSION PUMP TOUCHSCREEN WITH FALSE TOUCH REJECTION

Non-Final OA §103
Filed
Sep 25, 2023
Examiner
TUNG, DAVID
Art Unit
2622
Tech Center
2600 — Communications
Assignee
ICU Medical, Inc.
OA Round
3 (Non-Final)
62%
Grant Probability
Moderate
3-4
OA Rounds
2y 7m
To Grant
78%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allow Rate
355 granted / 575 resolved
At TC average
Strong +16% interview lift
Without
With
+16.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
18 currently pending
Career history
593
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
56.5%
+16.5% vs TC avg
§102
30.6%
-9.4% vs TC avg
§112
7.7%
-32.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 575 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/16/2025 has been entered. Response to Arguments Applicant’s arguments with respect to claim(s) 1 & 14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barat (US 20160328084), in view of Hung et al. (US 11036337). As to claim 14, Barat teaches a method [abstract] comprising: receiving a touchscreen input (touch down) [fig. 6 & para. 24-25, 27, & 30-33] corresponding to a contact with a touchscreen display (touch sensitive graphical display 26) [fig. 2 & para. 19-21] of a medical device [abstract & para. 14]; determining a contact parameter from the touchscreen input [fig. 6 & para. 24-25, 27, & 30-33]; determining, from the contact parameter, that the touchscreen input corresponds to a false touch (contact from interference that is to be inactivated) [fig. 6 & para. 24-25, 27, & 30-33]; and rejecting the touchscreen input (contact from interference that is to be inactivated) [fig. 6 & para. 24-25, 27, & 30-33]. Barat does not explicitly teach wherein the contact comprises a top edge and a bottom edge; and determining that the touchscreen input corresponds to a false touch by determining that a lower edge of the contact corresponding to the touchscreen input is positioned at or near a lower edge of the touchscreen and that a height of the contact decreases over time while a width of the contact at the top edge and the width of the contact at the bottom edge are substantially equal and remain substantially constant. Hung teaches the concept of a method [abstract] that utilizes a touchscreen (touch panel 600) [fig. 6b] that receives a contact (contact from water or user input) [figs. 6a-6c & col. 7 lines 3 -33 & abstract], wherein the contact comprises a top edge and a bottom edge (column 620 with top edge and bottom edge) [fig. 6b & col. 7 lines 17-33]; and configured to determines, from a contact parameter (sensing variation) [fig. 6b & col. 7 lines 3-33], that the touchscreen input corresponds to a false touch by determining that a lower edge of the contact corresponding to the touchscreen input is positioned at or near a lower edge of the touchscreen (column 620 corresponds to lower edge of touch panel 600) [fig. 6b & col. 7 lines 17-33] and that a height of the contact decreases over time (water flow 610 of the water droplet flows down the touch panel 600 over time due to gravity, as the water droplet flows off the touch panel lower edge, the height of the water droplet decreases) [fig. 6b & col. 7 lines 3-33] while a width of the contact at the top edge and the width of the contact at the bottom edge are substantially equal and remain substantially constant (column 620) [fig. 6b & col. 7 lines 17-33]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed inventio to modify the method of Barat, such that the contact comprises a top edge and a bottom edge and the method further determines, from a contact parameter, that the touchscreen input corresponds to a false touch by determining that a lower edge of the contact corresponding to the touchscreen input is positioned at or near a lower edge of the touchscreen and that a height of the contact decreases over time while a width of the contact at the top edge and the width of the contact at the bottom edge are substantially equal and remain substantially constant, as taught by Hung, to improve accuracy of user inputs in wet environments, as taught by Hung [col. 1 lines 24-34]. As to claim 15, Barat as modified by Hung teaches the method of Claim 14, wherein receiving the touchscreen input comprises sensing a change to an electromagnetic field [Barat: para. 21 & 17]. As to claim 16, Barat as modified by Hung teaches the method of Claim 14, wherein receiving the touchscreen input comprises sensing a change in capacitance [Barat: para. 21 & 17]. As to claim 17, Barat as modified by Hung teaches the method of Claim 14, wherein determining a contact parameter comprises determining a shape of the contact corresponding to the touchscreen input (area enclosed in locus locus) [Barat: fig. 6 & para. 24-25, 27, & 30-33]. As to claim 18, Barat as modified by Hung teaches the method of Claim 14, wherein determining a contact parameter comprises determining a position of the contact corresponding to the touchscreen input (touch down state location) [Barat: fig. 6 & para. 24-25, 27, & 30-33]. As to claim 19, Barat as modified by Hung teaches the method of Claim 14, wherein determining a contact parameter comprises determining a movement the contact corresponding to the touchscreen input (determination of drag versus fluid moving down touch sensitive graphical display) [Barat: fig. 6 & para. 24-25, 27, & 30-33]. As to claim 20, Barat as modified by Hung teaches the method of Claim 14, wherein determining that the touchscreen input corresponds to the false touch comprises determining that a position of the contact corresponding to the touchscreen input moves in a downward direction [Barat: para. 27]. Claim(s) 1-7, 10, & 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rosinko et al. (US 20140276553), in view of Barat (US 20160328084), and further in view of Hung et al. (US 11036337). As to claim 1, Rosinko teaches an infusion pump [abstract & figs. 2-4 & para. 29] comprising: a touchscreen display (touch sensitive screen 46) [figs. 3-4 & para. 42 & 30] configured to display infusion pump information (GUI 60) [fig. 4 & para. 42 & 38] and to receive a touchscreen input [fig. 4 & para. 42 & 38]; a processor [fig. 3 & para. 38] in communication with the touchscreen display; and a memory (memory 30) [fig. 3 & para. 33-34 & 38] in communication with the processor and configured to store instructions that when executed by the processor. Rosinko does not explicitly teach where the infusion pump comprising: a memory in communication with the processor and configured to store instructions that when executed by the processor cause the execution of a false touch rejection configured to: receive the touchscreen input corresponding to a contact with the touchscreen display; determine a contact parameter from the touchscreen input; determine, from the contact parameter, that the touchscreen input corresponds to a false touch; and reject the touchscreen input. Barat teaches the concept of a medical device configured to reject an input as a false touch [abstract & para. 14], the medical device comprising: a touchscreen display (touch sensitive graphical display 26) [fig. 2 & para. 19-21] configured to display medical device information (graphical user interface (GUI) 32) [fig. 2 & para. 19-21] and to receive a touchscreen input [para. 20-21]; a processor (processor 28) [fig. 2 & para. 19-21] in communication with the touchscreen display; and a memory (computer readable medium 30) [fig. 2 & para. 18] in communication with the processor and configured to store instructions that when executed by the processor [fig. 2 & para. 18] cause the execution of a false touch rejection [abstract & fig. 6 & para. 24-25, 27, & 30-33] configured to: receive the touchscreen input corresponding to a contact (touch down) [fig. 6 & para. 24-25, 27, & 30-33] with the touchscreen display; determine a contact parameter from the touchscreen input [fig. 6 & para. 24-25, 27, & 30-33]; determine, from the contact parameter, that the touchscreen input corresponds to a false touch (contact from interference that is to be inactivated) [fig. 6 & para. 24-25, 27, & 30-33]; and reject the touchscreen input (contact from interference that is to be inactivated) [fig. 6 & para. 24-25, 27, & 30-33]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the touchscreen display of the infusion pump of Rosinko, such that the infusion pump configured to reject an input as a false touch, the infusion pump comprising: a memory in communication with the processor and configured to store instructions that when executed by the processor cause the execution of a false touch rejection configured to: receive the touchscreen input corresponding to a contact with the touchscreen display; determine a contact parameter from the touchscreen input; determine, from the contact parameter, that the touchscreen input corresponds to a false touch; and reject the touchscreen input, as taught by Barat, to improve usability by reducing the occurrence of inadvertent inputs, as taught by Barat [para. 2]. Rosinko as modified by Barat does not explicitly teach wherein the contact comprises a top edge and a bottom edge; and determine, from the contact parameter, that the touchscreen input corresponds to the false touch by determining that a width of the contact at the top edge and a width of the contact at the bottom edge are substantially equal and remain constant as a height of the contact increases over time. Hung teaches the concept of a touchscreen (touch panel 600) [abstract & fig. 6b] that receives a contact (contact from water or user input) [figs. 6a-6c & col. 7 lines 3 -33 & abstract], wherein the contact comprises a top edge and a bottom edge (column 620 with top edge and bottom edge) [fig. 6b & col. 7 lines 17-33]; and configured to determine from a contact parameter (sensing variation) [fig. 6b & col. 7 lines 3-33], that the touchscreen input corresponds to a false touch by determining that a width of the contact at the top edge and a width of the contact at the bottom edge are substantially equal and remain constant (column 620 corresponds to lower edge of touch panel 600) [fig. 6b & col. 7 lines 17-33] as a height of the contact increase over time (water flow 610 of the water droplet flows down the touch panel 600 over time due to gravity, as water droplet flows the height of the water droplet increases due to surface tension of the water) [fig. 6b & col. 7 lines 3-33]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed inventio to modify the instructions utilized with the touchscreen utilized with the infusion pump of Rosinko as modified by Barat, such that the contact comprises a top edge and a bottom edge; and determine, from the contact parameter, that the touchscreen input corresponds to the false touch by determining that a width of the contact at the top edge and a width of the contact at the bottom edge are substantially equal and remain constant as a height of the contact increases over time, as taught by Hung, to improve accuracy of user inputs in wet environments, as taught by Hung [col. 1 lines 24-34]. As to claim 2, Rosinko as modified by Barat and Hung teaches the infusion pump of Claim 1, wherein the touchscreen display is configured to receive the touchscreen input by sensing a change to an electromagnetic field [Barat: para. 21 & 17 & Rosinko: para. 30]. As to claim 3, Rosinko as modified by Barat and Hung teaches the infusion pump of Claim 1, wherein the touchscreen display is configured to receive the touchscreen input by sensing a change in capacitance [Barat: para. 21 & 17 & Rosinko: para. 30]. As to claim 4, Rosinko as modified by Barat and Hung teaches the infusion pump of Claim 1, wherein the instructions configure the processor to determine the contact parameter by determining a shape of the contact corresponding to the touchscreen input (area enclosed in locus locus) [Barat: fig. 6 & para. 24-25, 27, & 30-33]. As to claim 5, Rosinko as modified by Barat and Hung teaches the infusion pump of Claim 1, wherein the instructions configure the processor to determine the contact parameter by determining a position of the contact corresponding to the touchscreen input (touch down state location) [Barat: fig. 6 & para. 24-25, 27, & 30-33]. As to claim 6, Rosinko as modified by Barat and Hung teaches the infusion pump of Claim 1, wherein the instructions configure the processor to determine the contact parameter by determining a movement the contact corresponding to the touchscreen input (determination of drag versus fluid moving down touch sensitive graphical display) [Barat: fig. 6 & para. 24-25, 27, & 30-33]. As to claim 7, Rosinko as modified by Barat and Hung teaches the infusion pump of Claim 1, wherein the instructions further configure the processor to determine that the touchscreen input corresponds to the false touch by determining that a position of the contact corresponding to the touchscreen input moves in a downward direction [Barat: para. 27]. As to claim 10, Rosinko as modified by Barat and Hung teaches the infusion pump of Claim 1, wherein the instructions further configure the processor to determine that the touchscreen input corresponds to the false touch by determining that a lower edge of the contact corresponding to the touchscreen input is positioned at or near a lower edge of the touchscreen and that a height of the contact decreases over time (water flow 610 of the water droplet flows down the touch panel 600 over time due to gravity, as the water droplet flows off the touch panel lower edge, the height of the water droplet decreases) [Hung: fig. 6b & col. 7 lines 3-33]. As to claim 12, Rosinko as modified by Barat and Hung teaches the infusion pump of Claim 1, wherein the instructions further configure the processor to determine that the touchscreen input corresponds to the false touch by determining that a position of the contact corresponding to the touchscreen input does not change over a predetermined time period (number of contacts & use of timer to determine interference) [Barat: fig. 6 & para. 24-25, 27, & 30-33]. Claim(s) 11 & 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rosinko, in view of Barat, Hung, and further in view of Sugiura et al. (US 20120249470). As to claim 11, Rosinko as modified by Barat and Hung teaches the infusion pump of Claim 1, wherein the instructions further configure the processor to determine that the touchscreen input corresponds to the false touch [Barat: abstract & fig. 6 & para. 24-25, 27, & 30-33]. Rosinko as modified by Barat and Hung does not explicitly teach wherein the instructions further configure the processor to determine that the touchscreen input corresponds to the false touch by determining that a height of the contact corresponding to the touchscreen input is or is at least 2, 3, 4, 5, or more times the width of the contact. Sugiura teaches the concept of a touchscreen configured to reject an input a false touch [abstract & fig. 2 & para. 28] that utilizes a processor (CPU 12) [fig. 2 & para. 19], and a memory [fig. 2 & para. 19 & 33] in communication with the processor and configured to store instructions that when executed by the processor cause the execution of a false touch rejection [para. 19 & 28], wherein the instructions configure the processor to determine that the touchscreen input corresponds to a false touch by determining that a height of the contact corresponding to the touchscreen input is or is at least 2, 3, 4, 5, or more times the width of the contact (area r2 with a height at least 2, 3, 4, 5, or more times the width of the contact) [fig. 5 & para. 25-28]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed inventio to modify the instructions utilized with the touchscreen utilized with the infusion pump of Rosinko as modified by Barat and Hung, such that the instructions further configure the processor to determine that the touchscreen input corresponds to the false touch by determining that a height of the contact corresponding to the touchscreen input is or is at least 2, 3, 4, 5, or more times the width of the contact, as taught by Sugiura, to improve operability by further distinguishing input between user’s intended operation or a touchscreen is wet with water, as taught by Sugiura [para. 4]. As to claim 13, Rosinko as modified by Barat and Hung teaches the infusion pump of Claim 1, wherein the instructions further configure the processor to determine that the touchscreen input corresponds to the false touch [Barat: abstract & fig. 6 & para. 24-25, 27, & 30-33]. Bosinko as modified by Barat and Hung does not explicitly teach wherein the instructions further configure the processor to determine that the touchscreen input corresponds to the false touch by determining that a position of the contact corresponding to the touchscreen input changes in a horizontal direction over a predetermined time period. Sugiura teaches the concept of a touchscreen configured to reject an input a false touch [abstract & fig. 2 & para. 28] that utilizes a processor (CPU 12) [fig. 2 & para. 19], and a memory [fig. 2 & para. 19 & 33] in communication with the processor and configured to store instructions that when executed by the processor cause the execution of a false touch rejection [para. 19 & 28], wherein the instructions configure the processor to determine that the touchscreen input corresponds to a false touch by determining that a position of the contact corresponding to the touchscreen input changes in a horizontal direction over a predetermined time period (horizontal width of contact between area r1 and area r2 changes over time) [figs. 4-5 & para. 25-28]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed inventio to modify the instructions utilized with the touchscreen utilized with the infusion pump of Rosinko as modified by Barat and Hung, such that the instructions further configure the processor to determine that the touchscreen input corresponds to the false touch by determining that a position of the contact corresponding to the touchscreen input changes in a horizontal direction over a predetermined time period, as taught by Sugiura, to improve operability by further distinguishing input between user’s intended operation or a touchscreen is wet with water, as taught by Sugiura [para. 4]. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cumbo (US 20190152433), para. 55. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID TUNG whose telephone number is (571)270-3385. The examiner can normally be reached Monday-Friday; 10:00AM - 6:00PM. 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, Patrick Edouard can be reached at (571)-272-7603. 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. /DAVID TUNG/Primary Examiner, Art Unit 2622
Read full office action

Prosecution Timeline

Sep 25, 2023
Application Filed
Mar 24, 2025
Non-Final Rejection — §103
Jun 30, 2025
Response Filed
Sep 11, 2025
Final Rejection — §103
Dec 16, 2025
Request for Continued Examination
Jan 02, 2026
Response after Non-Final Action
Feb 08, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
62%
Grant Probability
78%
With Interview (+16.4%)
2y 7m
Median Time to Grant
High
PTA Risk
Based on 575 resolved cases by this examiner. Grant probability derived from career allow rate.

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