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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 9/5/24; 9/5/24 are in compliance with the provisions of 37 CFR 1.97(b). Accordingly, the IDSs are being considered by the Examiner.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1- 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hayter (US 2010/0057042). Hayter discloses:
(claims 1,8) A system for fluid delivery (Fig.1), the system comprising: one or more processors; and one or more processor-readable storage media storing instructions which, when executed by the one or more processors, cause performance of: monitoring a value representative of a physiological condition in a body of a user; operating in a first operational mode of a fluid delivery device based on the value representative of the physiological condition; and transitioning to a second operational mode of the fluid delivery device based at least in part on the value representative of the physiological condition relative to a threshold and a time that has been spent in the first operational mode of the fluid delivery device [0051], [0056-0060] Fig.4; [0060-0063] Fig.5; [0066-0067] Fig.6; [0075-0080] Figs.9-10.
Claims 2,9: the second operational mode comprises delivering insulin at a predetermined infusion rate.
Claims 3,10: the predetermined infusion rate is determined while the fluid delivery device operates in the first operational mode.
Claims 4,11: the first operational mode comprises delivering insulin in accordance with a closed-loop mode.
Claims 5,12: the instructions further cause performance of transitioning back to the first operational mode of the fluid delivery device.
Claims 6,13: transitioning back to the first operational mode of the fluid delivery device is based on the value representative of the physiological condition.
Claims 7,14: while operating in the first operational mode, fluid is delivered based on values obtained from a glucose sensor and predicted values of the
physiological condition determined based on the values obtained from the glucose sensor.
The specification as a whole is representative of the limitations above (2-14) some example passages: [0051], [0056-0060] Fig.4; [0060-0063] Fig.5; [0066-0067] Fig.6; [0075-0080] Figs.9-10.
(claim 15) A system for fluid delivery, the system comprising: one or more processors; and one or more processor-readable storage media storing instructions which, when executed by the one or more processors, cause performance of: verifying that a time period has elapsed after enabling a fluid delivery operational mode; and suspending the fluid delivery operational mode after verifying the time period has elapsed, and in response to determining a value representative of a physiological condition in a body of a user is less than a threshold. [0075-0080] Figs.9-10.
Claim 16: suspending the fluid delivery operational mode comprises suspending operation of a motor of a fluid delivery device operable to deliver fluid to the body of the user. [0059] (require user intervention from the automatic administration of medication which would require a motor) [0006]
Claim 17; the instructions further cause performance of resuming the fluid delivery operational mode after receiving a current value indicative of a physiological condition of the user. Fig.6
Claim 18: the value representative of the physiological condition is a predicted glucose value. Fig.7, variation is based on a measured vs a predicted value
Claim 19: the fluid delivery operational mode comprises a closed-loop delivery mode. Figs.1,2
Claim 20: the fluid delivery operational mode comprises an open-loop delivery mode configured to deliver fluid at a predetermined infusion rate. Fig.4
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEANNA K HALL whose telephone number is (571)272-2819. The examiner can normally be reached M-F 8:30am- 4:30pm EST.
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/DEANNA K HALL/Primary Examiner, Art Unit 3783
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