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) 1-5 and 7-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kamen et al. (US 2011/0230837 A1).
With regard to claim 1, Kamen et al. teach a medical infusion pump for administering a fluid product, comprising: a housing (Fig. 1A member 102); a drive device (Fig. 2 including at least 214, 228, 224); a product container (Fig. 2 member 222) compartment at least partly disposed in the housing and accessible through a product container compartment opening in an outer wall of the housing (Fig. 1C accessed through at least 112); and a battery compartment at least partly disposed in the housing and accessible through a battery compartment opening in the outer wall of the housing (Fig. 1C and 1D, compartment 118 accessed through 116), wherein the drive device is configured to be powered by a battery positioned in the battery compartment in a drive movement in which the fluid product is dispensed from a product container positioned in the product container compartment (Fig. 12H battery 1236, [0267]), wherein a battery compartment lid is configured to open and close the battery compartment opening (Figs. 1C and 12H lid including at least 116/12200), the battery compartment lid comprising a plastic part (shown in 12H but not numbered, see exemplary 12A 1026’, [0261]) and a metal cap (Fig. 12H 12204, [0266]), wherein the plastic part is electrically non-conductive ([0261]), wherein the metal cap includes a proximal surface facing the plastic part and a distal surface facing an interior of the battery compartment when the battery compartment lid closes the battery compartment (Fig. 112H distal face toward battery, proximal face toward lid), the metal cap comprising a plurality of through-holes extending from the proximal surface to the distal surface (Fig. 12H and Reference Figure 1 below, opposing holes on either side of 12204 and holes in surface attached to the lid), the plastic part comprising protrusions extending through through-holes of the metal cap, wherein the protrusions extend from the distal surface of the metal cap (Figs. 12E and Reference Figure 2 below) such that the protrusions form an arrangement in which a first terminal of a battery positioned in the battery compartment can contact the distal surface of the metal cap between the arrangement, resulting in an electrical contact between the metal cap and the first terminal, and in which a second terminal of the battery positioned in the battery compartment can contact the arrangement to prevent an electrical contact between the metal cap and the second terminal to thereby prevent reverse poling of the battery by reverse battery insertion into the battery compartment ([0267], arrangement is formed in conjunction with 12210, Fig. 12H).
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With regard to claims 2 and 3, see [0253].
With regard to claims 4 and 5, see at least [0261], [0267], Fig. 12H diameter of the terminal that fits in the lid is smaller to be received and the opposite end is larger and is not received.
With regard to claim 7, see [0255].
With regard to claims 8 and 9, see Fig. 12H member 12216 ([0270]-[0271]).
With regard to claim 10, Kamen et al. teach a medical infusion pump for administering a fluid product, comprising: a housing (Fig. 1A member 102); a drive device (Fig. 2 including at least 214, 228, 224); a product container (Fig. 2 member 222) compartment at least partly disposed in the housing and accessible through a product container compartment opening in an outer wall of the housing (Fig. 1C accessed through at least 112); and a battery compartment at least partly disposed in the housing and accessible through a battery compartment opening in the outer wall of the housing (Fig. 1C and 1D, compartment 118 accessed through 116), wherein the drive device is configured to be powered by a battery positioned in the battery compartment in a drive movement in which the fluid product is dispensed from a product container positioned in the product container compartment (Fig. 12H battery 1236, [0267]), wherein a battery compartment lid is configured to open and close the battery compartment opening (Figs. 1C and 12H lid including at least 116/12200), the battery compartment lid comprising a plastic part (shown in 12H but not numbered, see exemplary 12A 1026’, [0261]) and a metal cap (Fig. 12H 12204, [0266]), wherein the plastic part is electrically non-conductive ([0261]), wherein the metal cap includes a proximal surface facing the plastic part and a distal surface facing an interior of the battery compartment when the battery compartment lid closes the battery compartment (Fig. 112H distal face toward battery, proximal face toward lid), the metal cap comprising a plurality of through-holes extending from the proximal surface to the distal surface (Fig. 12H and Reference Figure 1 above, opposing holes on either side of 12204 and holes in surface attached to the lid), the plastic part comprising protrusions extending through through-holes of the metal cap, wherein the protrusions extend from the distal surface of the metal cap (Figs. 12E and Reference Figure 2 above) such that the protrusion form an arrangement configured to permit a first battery terminal to contact the distal surface of the metal cap between the arrangement, resulting in an electrical contact with the metal cap, and to cause a second battery terminal to contact the arrangement and prevent contact with the distal surface of the metal cap to thereby prevent the electrical contact ([0267], arrangement is formed in conjunction with 12210, Fig. 12H).
With regard to claim 11, see [0255].
With regard to claim 12, see at least [0261], [0267], Fig. 12H diameter of the terminal that fits in the lid is smaller to be received and the opposite end is larger and is not received.
With regard to claim 13, Kamen et al. teach a medical infusion pump for administering a fluid product, comprising: a housing (Fig. 1A member 102); a drive device (Fig. 2 including at least 214, 228, 224); a product container (Fig. 2 member 222) compartment at least partly disposed in the housing and accessible through a product container compartment opening in an outer wall of the housing (Fig. 1C accessed through at least 112); and a battery compartment at least partly disposed in the housing and accessible through a battery compartment opening in the outer wall of the housing (Fig. 1C and 1D, compartment 118 accessed through 116), wherein the drive device is configured to be powered by a battery positioned in the battery compartment in a drive movement in which the fluid product is dispensed from a product container positioned in the product container compartment (Fig. 12H battery 1236, [0267]), wherein a battery compartment lid is configured to open and close the battery compartment opening (Figs. 1C and 12H lid including at least 116/12200), the battery compartment lid comprising a plastic part (shown in 12H but not numbered, see exemplary 12A 1026’, [0261]) and a metal cap (Fig. 12H 12204, [0266]), wherein the plastic part is electrically non-conductive ([0261]), wherein the metal cap includes a proximal surface facing the plastic part and a distal surface facing an interior of the battery compartment when the battery compartment lid closes the battery compartment (Fig. 112H distal face toward battery, proximal face toward lid), the metal cap comprising a plurality of through-holes extending from the proximal surface to the distal surface (Fig. 12H and Reference Figure 1 above, opposing holes on either side of 12204 and holes in surface attached to the lid), the plastic part comprising protrusions extending through through-holes of the metal cap, wherein the protrusions extend past the distal surface of the metal cap (Figs. 12E and Reference Figure 2 above), such that the protrusions form a geometrical pattern which allows a first battery terminal to contact the distal surface of the metal cap but hinders direct contact of a second battery terminal to thereby prevent an electrical contact ([0267], pattern in conjunction with 12210 allows/hinders contact, Fig. 12H).
With regard to claims 14 and 15, see [0253].
With regard to claims 16 and 17, see at least [0261], [0267], Fig. 12H diameter of the terminal that fits in the lid is smaller to be received and the opposite end is larger and is not received.
With regard to claim 18, see [0255].
With regard to claims 19 and 20, see Fig. 12H member 12216 ([0270]-[0271]).
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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kamen et al. (US 2011/0230837 A1) as applied to claim 1 above, and further in view of Kelly, III et al. (US 4,101,818).
With regard to claim 6, Kamen et al. teach a device substantially as claimed. Kamen et al. do not disclose the material of the metal to be nickel plated brass. However, Kelly, III et al. teach a suitable terminal contact material to be nickel plated brass (Col. 3 lines 48-52). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use nickel plated brass in Kamen et al. as Kelly, III et al. teach such is an effective conducting material which would yield the same predictable result of the battery providing power.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY L SCHMIDT whose telephone number is (571)270-3648. The examiner can normally be reached Monday through Thursday 7:00 AM to 4:30 PM.
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/EMILY L SCHMIDT/Primary Examiner, Art Unit 3783
