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 claims 1-20 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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “clinician contact input is configured to selectively establish a communication between the patient (11) and the clinician (29) such that the patient is presented with an ability to initiate the communication between the patient and the clinician via the clinician contact input”. It is unclear if the “clinician contact input” located on the patient device communicates with the clinician via the “clinician device” or by an alternative means. Further clarification is requested.
Claim 12 recites “and (d) presenting the patient an option to selectively establish a communication between the patient and the clinician;”. It is unclear what component in the medical device system executes that function.
Claim 16 recites “wherein the patient device (5) and the clinician device (7) are further configured to provide an option to the patient (11) to selectively establish a communication between the patient (11) and the clinician (29), wherein the patient device (5) comprises a clinician contact button (35)”. It is unclear if the “clinician contact button” is the “option to the patient to selectively establish a communication between the patient and the clinician” or if there is an additional or alternative means of establishing a communication.
To add further clarification, the Examiner recommends amending the claim to “configured to provide an option to the patient (11) to selectively establish a communication between the patient (11) and the clinician (29), wherein the patient device (5) comprises a clinician contact button” to -- configured to provide an option to the patient (11) to selectively establish a communication between the patient (11) and the clinician (29) with a clinician contact button--.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 2, 4, 13, 15, 17 and 19 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 2 recites “by at least one of:(i) establishing a data communication between the patient device (5) and the clinician device (7), or (ii) providing a notification on the third interface (27) to the clinician (29) to call back the patient (11)”. However, claim 1 recites “wherein the clinician contact input is configured to selectively establish a communication between the patient (11) and the clinician (29) such that the patient is presented with an ability to initiate the communication between the patient and the clinician via the clinician contact input”. Therefore, claim 2 fails to further limit claim 1, since the claim limitation is already required in claim 1.
Claim 13 recites “allowing the patient (11) to communicate with the clinician (29) by at least one of:(i) establishing a data communication between the patient device (5) and the clinician device (7), or (ii) providing a notification on the third interface (27) to the clinician to call back the patient (11)”. However, claim 12 recites “(d) presenting the patient an option to selectively establish a communication between the patient and the clinician;”. Therefore, claim 13 fails to further limit claim 12, since the claim limitation is already required in claim 12.
Claim 17 recites “by at least one of:(i) establishing a data communication between the patient device (5) and the clinician device (7), or (ii) providing a notification on the third interface (27) to the clinician (29) to call back the patient (11).” However, claim 16 recites “to selectively establish a communication between the patient (11) and the clinician (29), wherein the patient device (5) comprises a clinician contact button (35) configured for:(i) establishing the communication between the patient (11) and the clinician (29) upon the clinician contact button (35) being actuated by the patient (11), and(ii) providing a notification to the clinician (29) to call back the patient (11) on the third interface (27) upon the clinician contact button (35) being actuated by the patient (11)”. Therefore, claim 17 fails to further limit claim 16, since the claim limitation is already required in claim 16.
Claim 19 has the same limitations as claim 5 and thus fails to further limit claim 1.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
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, 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
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