Prosecution Insights
Last updated: October 27, 2026
Application No. 18/665,770

SYSTEM, METHOD, AND APPARATUS FOR INFUSING FLUID

Non-Final OA §102§103
Filed
May 16, 2024
Priority
Mar 30, 2022 — continuation of 12/002,561
Examiner
STIMPERT, PHILIP EARL
Art Unit
3783
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
DEKA Products Limited Partnership
OA Round
1 (Non-Final)
63%
Grant Probability
Moderate
1-2
OA Rounds
1y 1m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allowance Rate
568 granted / 897 resolved
-6.7% vs TC avg
Strong +49% interview lift
Without
With
+48.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
55 currently pending
Career history
968
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
49.3%
+9.3% vs TC avg
§102
19.9%
-20.1% vs TC avg
§112
28.6%
-11.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 897 resolved cases

Office Action

§102 §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 . Claim Rejections - 35 USC § 102 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. Claim(s) 61-69 and 71-80 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Pre-Grant Publication 2016/0256622 to Day et al. (Day hereinafter). Regarding claim 61, Day teaches an infusion system (11, see Fig. 5) comprising a plurality of infusion devices (11A, 11B) configured to operate in a coordinated manner (paragraph 120) on a single patient (paragraph 87), and a master device (paragraph 188) configured to control the infusion by providing operation parameters to the infusion devices (see at least Fig. 19A, paragraph 191). Regarding claim 62, Day teaches that the master device is an infusion device (paragraph 188). Regarding claim 63, Day teaches that the operation parameters include user inputs (paragraph 188, 189). Regarding claim 64, Day teaches automatically calculated parameters (duration). Regarding claim 65, Day teaches automatically calculated parameters (duration) based on user inputs (total infusion volume, see paragraph 133). Regarding claim 66, Day teaches at least one infusion pump (11A) and a connector (wired connection, paragraph 120) to an external device (11B). Regarding claim 67, Day teaches that the external device is another infusion pump (11B). Regarding claim 68, Day teaches that the external device may be the master device (paragraphs 120, 188). Regarding claim 69, Day teaches at least the provision of communication (paragraph 120). Regarding claim 71, Day teaches a frame (as illustrated in Fig. 5) and a stacked configuration. Regarding claim 72, Day teaches a pole (as illustrated in Fig. 5). Regarding claim 73, Day teaches a communication means (MMU) and a remote server (HIS, see paragraph 90). Regarding claim 74, Day teaches determining infusion parameters based on the received data (paragraphs 89-91). Regarding claim 75, Day teaches determination of operation parameters based on a drug administration library (phIS, see parargraph 91). Regarding claim 76, Day teaches operation parameters determined based on a group setting (hospital environment 16). Regarding claim 78, Day teaches operation determined on behavioral configurations, such as patient weight (paragraph 143). Regarding claim 79, Day teaches behavioral configuration adjusting the parameters based on the predetermined conditions such as weight (paragraph 143). Regarding claim 80, Day teaches determination of parameters based on infusate depletion (paragraph 161). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 70 is/are rejected under 35 U.S.C. 103 as being unpatentable over Day in view of CN 105322371 to Wei (Wei, copy and machine translation attached herewith). Regarding claim 70, Day teaches the limitations of claim 66 from which claim 70 depends, as discussed above. Day does not teach that one of the plurality of infusion devices receives power from another via the connector. Wei teaches another infusion device generally, and particularly teaches that a multiple infusion pump system includes power transfer from one unit to the next, via a male to female connector system (see discussion of Figs. 7-8 on pages 6-7 of the attached translation). Wei teaches that this provides electrical power to operate an infusion pump. One of ordinary skill in the art would have found it obvious before the effective filing date of the application to provide an electrical power sharing connection as taught by Wei to the pump of Day in order to provide electrical power. Thus modified, power would be provided both before and after any such outage. The examiner notes that no separate provision of power is claimed. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP E STIMPERT whose telephone number is (571)270-1890. The examiner can normally be reached Monday-Friday, 8a-4p. 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, Chelsea Stinson can be reached at 571-270-1744. 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. /PHILIP E STIMPERT/Primary Examiner, Art Unit 3783 14 October 2026
Read full office action

Prosecution Timeline

May 16, 2024
Application Filed
Jul 30, 2024
Response after Non-Final Action
Oct 16, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12766305
CLAMP
4y 0m to grant Granted Oct 20, 2026
Patent 12766259
BLOOD GLUCOSE CONTROL SYSTEM AND METHOD
3y 7m to grant Granted Oct 20, 2026
Patent 12752050
INFUSION PUMP
3y 9m to grant Granted Oct 06, 2026
Patent 12746326
SYSTEMS AND METHODS FOR CONTROLLING PULSE MODE PUMPING IN INFUSION SYSTEMS
4y 0m to grant Granted Sep 29, 2026
Patent 12741080
ADAPTABLE PORTABLE DOUCHE APPARATUS
3y 1m to grant Granted Sep 22, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
63%
Grant Probability
99%
With Interview (+48.7%)
3y 6m (~1y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 897 resolved cases by this examiner. Grant probability derived from career allowance rate.

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