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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention, so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-20 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-20 of prior U.S. Patent No. 11,439,750. This is a statutory double patenting rejection.
Claims 1-20 of the patent disclose exactly the same invention as claims 1-20 of the instant application. The patent discloses (claims 1-20): a mechanically driven medication delivery patch (Col. 13, lines 11-12), comprising: a bottom surface of a patch (Col. 13, line 13), said bottom surface configured to be coupled to skin of a user (claim 1; Col. 13, lines 10-14) ; a top cover of said patch (Col. 13, line 15); a pouch configured to contain a fluid to be delivered to said user (Col. 13, lines 16-17), said pouch situated between said bottom surface and said top cover (Col. 13, lines 17-18); an activation button (Col. 13, line 19); a wedge configured to move from an initial position to an end-of-delivery position, and from said end-of-delivery position to an end-of-travel position (Col. 13, lines 20-22), and configured to apply pressure to said fluid between said initial position and said end-of-delivery position (Col. 13, lines 22-24); a wedge force element configured to apply force to said wedge to cause said wedge to move (Col. 13, lines 25-26); a wedge latch that holds said wedge in said initial position prior to activation (Col. 13, lines 27-28); a needle sled comprising a pouch needle configured to penetrate a pouch septum in contact with said fluid (Col. 13, lines 29-31); a skin needle configured to penetrate said skin of said user (Col. 13, lines 32-33); and a fluid channel coupling an interior of said pouch needle and an interior of said skin needle (Col. 13, lines 34-35); wherein said needle sled is configured to move between a retracted position and a deployed position (Col. 13, lines 36-37); a needle sled force element configured to apply force to said needle sled to cause movement of said needle sled to said deployed position and to cause said pouch needle to penetrate said pouch septum (Col. 13, lines 38-41); said skin needle to penetrate said skin of said user (Col. 13, line 42); and said fluid to flow from said pouch through said pouch needle, through said fluid channel, and through said skin needle into said user (Col. 13, lines 43-46); a needle sled latch that holds said needle sled in said retracted position (Col. 13, lines 47-48); wherein when said activation button is pressed, said wedge latch is released, allowing said wedge to move from said initial position, and said needle sled latch is released, allowing said needle sled to move to said deployed position; and when said wedge reaches said end-of-delivery position, said wedge applies force to said needle sled to move said needle sled towards said retracted position, and to retract said pouch needle from said pouch septum; and retract said skin needle from said skin of said user and into an interior of said patch (Col. 13, lines 50-62).
Regarding claim 2, the subject matter is identical to that of claim 2 of the patent.
Regarding claim 3, the subject matter is identical to that of claim 3 of the patent.
Regarding claim 4, the subject matter is identical to that of claim 4 of the patent.
Regarding claim 5, the subject matter is identical to that of claim 5 of the patent.
Regarding claim 6, the subject matter is identical to that of claim 6 of the patent.
Regarding claim 7, the subject matter is identical to that of claim 7 of the patent.
Regarding claim 8, the subject matter is identical to that of claim 8 of the patent.
Regarding claim 9, the subject matter is identical to that of claim 9 of the patent.
Regarding claim 10, the subject matter is identical to that of claim 10 of the patent.
Regarding claim 11, the subject matter is identical to that of claim 11 of the patent.
Regarding claim 12, the subject matter is identical to that of claim 12 of the patent.
Regarding claim 13, the subject matter is identical to that of claim 13 of the patent.
Regarding claim 14, the subject matter is identical to that of claim 14 of the patent.
Regarding claim 15, the subject matter is identical to that of claim 15 of the patent.
Regarding claim 16, the subject matter is identical to that of claim 16 of the patent.
Regarding claim 17, the subject matter is identical to that of claim 17 of the patent.
Regarding claim 18, the subject matter is identical to that of claim 18 of the patent.
Regarding claim 19, the subject matter is identical to that of claim 19 of the patent.
Regarding claim 20, the subject matter is identical to that of claim 20 of the patent.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN L ZAMORY whose telephone number is (571)270-1238. The examiner can normally be reached M-F 8:30am-4:30pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached at 571-270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN L ZAMORY/Examiner, Art Unit 3783
/MICHAEL J TSAI/Supervisory Patent Examiner, Art Unit 3783
