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 .
Response to Arguments
Applicant’s arguments with respect to newly presented claims 42-71 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.
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 42-71 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-35 of U.S. Patent No. 11,992,692. Although the claims at issue are not identical, they are not patentably distinct from each other because US 11,992,692 has been found to anticipate each and every element of the present invention, for instance both provide:
18/632,577 (claim 42)
11,992,692 (claim 1)
An automated external defibrillator (AED), comprising: one or more capacitors for delivering a defibrillating shock to a patient;
An automated external defibrillator (AED), comprising: one or more capacitors for delivering a defibrillating shock to a patient;
one or more electronic ports configured to receive signals indicative of one or more sensed physiological parameters of the patient and to communicate the defibrillating shock to the patient;
one or more electronic ports configured to receive signals indicative of one or more sensed physiological parameters of the patient and to communicate the defibrillating shock to the patient;
a button, comprising an image of two children,
a button;
configured to be pressable to change from an adult operating mode to a pediatric operating mode during a resuscitation process, and
upon being pressed, toggle between a pediatric operating mode and an adult operating mode during a resuscitation process
configured to be illuminated during a period of time in the pediatric operating mode,
upon the change from the adult operating mode to the pediatric operating mode, provide the visual indication by illuminating an indicator (claim 4)
wherein each of the pediatric operating mode and the adult operating mode comprises a different mode-specific energy configuration;
wherein, in the pediatric operating mode, the AED is configured to deliver the defibrillating shock at a lower energy level than in the adult operating mode;
one or more processors configured to switch the mode-specific energy configuration upon a change from the adult operating mode to the pediatric operating mode,
one or more processors configured to switch the mode-specific energy configuration upon a change between the pediatric operating mode and the adult operating mode,
wherein, in the pediatric operating mode, the AED is configured to deliver the defibrillating shock at a lower energy level than in the adult operating mode;
wherein, in the pediatric operating mode, the AED is configured to deliver the defibrillating shock at a lower energy level than in the adult operating mode;
And a user interface, comprising a speaker, configured to provide:
a user interface configured to: present an auditory announcement; Thus, includes a speaker for the “auditory announcement”
auditory defibrillation treatment related guidance comprising one or more auditory defibrillation treatment related verbal prompts,
present an auditory announcement of the change from the adult operating mode to the pediatric operating mode,
and auditory chest compression treatment related guidance comprising one or more auditory chest compression treatment related verbal prompts.
comprising mode-specific chest compression related guidance, such that, when the AED is in the adult operating mode, the mode-specific treatment related guidance is suitable for treatment of an adult patient, and, when the AED is in the pediatric operating mode, the mode-specific treatment related guidance is suitable for treatment of a pediatric patient;
As set forth above, the present invention is not viewed to be patentably distinct from US 11,992,692.
Claims 42-71 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-31 of U.S. Patent No. 11,298,558. Although the claims at issue are not identical, they are not patentably distinct from each other because US 11,298,558 has been found to anticipate each and every element of the present invention, for instance both provide:
18/632,577 (claim 42)
11,298,558 (claim 1)
An automated external defibrillator (AED), comprising: one or more capacitors for delivering a defibrillating shock to a patient;
An automated external defibrillator (AED), comprising: one or more capacitors for delivering a defibrillating shock to a patient;
one or more electronic ports configured to receive signals indicative of one or more sensed physiological parameters of the patient and to communicate the defibrillating shock to the patient;
one or more electronic ports configured to receive signals indicative of sensed physiological parameters of the patient, and to communicate the defibrillating shock to the patient;
a button, comprising an image of two children,
a control; comprises a button (claim 26);
button displays an image of at least one child (claims 27-30)
configured to be pressable to change from an adult operating mode to a pediatric operating mode during a resuscitation process, and
a control for toggling an operating mode of the automated external defibrillator back and forth between a pediatric operating mode and an adult operating mode during a resuscitation process;
configured to be illuminated during a period of time in the pediatric operating mode,
an indicator, visually associated with the control, configured to provide a visual indication of the operating mode in use,
wherein each of the pediatric operating mode and the adult operating mode comprises a different mode-specific energy configuration;
wherein, upon a change of the operating mode from the adult operating mode to the pediatric operating mode, the visual indication indicates that the operating mode is changed to the pediatric operating mode;
one or more processors configured to switch the mode-specific energy configuration upon a change from the adult operating mode to the pediatric operating mode,
and one or more processors configured to determine if an electrode assembly in communication with at least one of the electronic ports is usable in at least one or both of the pediatric operating mode and the adult operating mode.
wherein, in the pediatric operating mode, the AED is configured to deliver the defibrillating shock at a lower energy level than in the adult operating mode;
configured to adjust an energy output of the defibrillating shock based on whether the operating mode is in the pediatric operating mode or the adult operating mode (claim 2)
And a user interface, comprising a speaker, configured to provide:
present an auditory announcement that the operating mode is changed to the pediatric operating mode (claim 31); Thus, includes a speaker to provide the “auditory announcement”.
auditory defibrillation treatment related guidance comprising one or more auditory defibrillation treatment related verbal prompts,
present an auditory announcement that the operating mode is changed to the pediatric operating mode (claim 31).
and auditory chest compression treatment related guidance comprising one or more auditory chest compression treatment related verbal prompts.
chest compression feedback comprises at least one of visual feedback, audio feedback (claim 17).
As set forth above, the present invention is not viewed to be patentably distinct from US 11,298,558.
Claims 42-71 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-29 of U.S. Patent No. 10,300,293. Although the claims at issue are not identical, they are not patentably distinct from each other because US 10,300,293 has been found to anticipate each and every element of the present invention, for instance both provide:
18/632,577 (claim 42)
10,300,293 (claim 1)
An automated external defibrillator (AED), comprising: one or more capacitors for delivering a defibrillating shock to a patient;
An automated external defibrillator (AED), comprising: one or more capacitors for delivering a defibrillating shock to a patient;
one or more electronic ports configured to receive signals indicative of one or more sensed physiological parameters of the patient and to communicate the defibrillating shock to the patient;
one or more electronic ports configured to receive signals indicative of sensed physiological parameters of the patient, and to communicate the defibrillating shock to the patient
a button, comprising an image of two children,
A control is a button (claim 15);
(Figure 1a)
configured to be pressable to change from an adult operating mode to a pediatric operating mode during a resuscitation process, and
A control configured to switch between a pediatric operating mode and an adult operating mode,
configured to be illuminated during a period of time in the pediatric operating mode,
the indication of the operating mode (claim 15); wherein the indicator comprises at least one of a visual indicator, a lighted display (claim 16)
wherein each of the pediatric operating mode and the adult operating mode comprises a different mode-specific energy configuration;
wherein each operating mode comprises a mode-specific energy configuration and a mode-specific user configuration;
one or more processors configured to switch the mode-specific energy configuration upon a change from the adult operating mode to the pediatric operating mode,
one or more processors configured to switch to the mode-specific energy configuration and the mode-specific user configuration upon a change of operating mode between the pediatric operating mode and the adult operating mode
wherein, in the pediatric operating mode, the AED is configured to deliver the defibrillating shock at a lower energy level than in the adult operating mode;
such that the automated external defibrillator delivers a the defibrillating shock to a patient based on the mode-specific energy configuration;
wherein a level of the defibrillating shock is different for the pediatric operating mode and the adult operating mode (claim 13)
And a user interface, comprising a speaker, configured to provide:
and a user interface;
an audio indicator, a verbal indicator (claim 16). Thus, there is necessarily a speaker included. Furthermore, the speaker would provide “auditory” instructions.
auditory defibrillation treatment related guidance comprising one or more auditory defibrillation treatment related verbal prompts,
user interface configured to provide the at least one of instructions specific to the pediatric operating mode and instructions specific to the adult operating mode (claim 6); provided via audio or verbal indicator (claim 16)
and auditory chest compression treatment related guidance comprising one or more auditory chest compression treatment related verbal prompts.
provide resuscitation instructions and guidance (claims 8 and 26-29);
provided via audio or verbal indicator (claim 16)
As set forth above, the present invention is not viewed to be patentably distinct from US 10,300,293.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA M ALTER whose telephone number is (571)272-4939. The examiner can normally be reached M-F 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David E Hamaoui can be reached at (571) 270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALYSSA M ALTER/Primary Examiner, Art Unit 3796
