DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice to Applicant
2. This communication is in response to the communication filed 11/5/2024. Claims 18-19 and 21 are cancelled. Claims 1-17, 20 and 22 are currently pending.
Double Patenting
3. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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3.1. Claims 1-17 and 22-23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 and 21 of U.S. Patent No. 11,742,078, Kaneko et al. (US 2010/0011100), and Jollota (US 2011/0149759). Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim(s) is/are either anticipated by, or would have been obvious over, the reference claim(s) because all of the limitations of claims 1-17 and 22-23 of instant pending patent application 18/820874 correspond to limitations recited in claims 1=17 and 21 of U.S. Patent 11,742,078, Kaneko et al. (US 2010/0011100), and Jollota (US 2011/0149759). Any claim limitation differences are not substantively significant and/or are obvious under a broad and reasonable interpretation, as detailed in the comparison chart below.
PENDING CLAIMS (18/820874)
US PATENT 11,742,078
CLAIM 1:
A system for administering a status check to a medical device, the system comprising:
a medical device unit comprising a control system, a writing device, and one or more components, the control system programmed to:
transmit to the one or more components a request for status data regarding a status of the one or more components;
receive status data from the one or more components; and
write, using the writing device, the status data to a transmitting device, the transmitting device configured to store and transmit the status data,
wherein the transmitting device stores the status data and transmits the status data to a receiving device external to the medical device unit and not in physical contact with the medical device unit.
CLAIM 1:
A system for administering a status check to a medical device, the system comprising:
a medical device unit comprising a control system, a writing device, and one or more components, the control system configured to:
transmit to the one or more components a request for status data regarding a status of the one or more components;
receive status data from the one or more components; and
write, using the writing device, the status data to a transmitting device, the transmitting device configured to store and transmit the status data.
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The claims of Patent 11,742,078 do not explicitly teach “wherein the transmitting device stores the status data and transmits the status data to a receiving device external to the medical device unit and not in physical contact with the medical device unit”.
Prior art reference Kaneko et al. (US 2010/0011100), however, teaches “wherein the transmitting device stores the status data and transmits the status data to a receiving device external to the medical device unit and not in physical contact with the medical device unit” (See, for example, abstract; Kaneko: ¶¶ [0014], [0024]-[0025]; FIGS. 1-6).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the aforementioned features, as taught by Kaneko, with Claim 1 of Patent 11,742,078 and Claim 1 of the pending patent application with the motivation of facilitating device status checks (Kaneko: ¶¶ [0035]-[0036]).
CLAIM 2:
The system of claim 1 further compromising: an electro-mechanical pneumatic system having a blower and a fan, the electro-mechanical pneumatic system disposed within the medical device unit and coupled to the control system.
CLAIM 2:
The system of claim 1 further compromising: an electro-mechanical pneumatic system having a blower and a fan, the electro-mechanical pneumatic system disposed within the medical device unit and coupled to the control system.
CLAIM 3:
The system of claim 1, wherein the control system is further configured to: display on a user interface the status data via a display screen or a light indicator.
CLAIM 3:
The system of claim 1, wherein the control system is further configured to: display on a user interface the status data via a display screen or a light indicator.
CLAIM 4:
The system of claim 1, wherein the control system writes the status data to the transmitting device based on a periodic basis or an aperiodic basis.
CLAIM 4:
The system of claim 1, wherein the control system writes the status data to the transmitting device based on a periodic basis or an aperiodic basis.
CLAIM 5:
The system of claim 1, wherein the control system writes the status data to the transmitting device based on a pre-scheduled basis.
CLAIM 5:
The system of claim 1, wherein the control system writes the status data to the transmitting device based on a pre-scheduled basis.
CLAIM 6:
The system of claim 1, wherein the control system writes the status data to the transmitting device in real-time upon receipt of the status data from the one or more components.
CLAIM 6:
The system of claim 1, wherein the control system writes the status data to the transmitting device in real-time upon receipt of the status data from the one or more components.
CLAIM 7:
The system of claim 1, wherein the transmitting device is configured to transmit the status data when the medical device unit is powered off.
CLAIM 7:
The system of claim 1, wherein the transmitting device is configured to transmit the status data when the medical device unit is powered off.
CLAIM 8:
The system of claim 1, wherein the control system is configured to communicate with one or more other medical device units in a surrounding area to receive status data associated with the one or more other medical device units.
CLAIM 8:
The system of claim 1, wherein the control system is configured to communicate with one or more other medical device units in a surrounding area to receive status data associated with the one or more other medical device units
CLAIM 9:
The system of claim 1 further comprising: one or more accessories, wherein the control system is configured to receive accessory information associated with the one or more accessories and write the accessory information to the transmitting device.
CLAIM 9:
The system of claim 1 further comprising: one or more accessories, wherein the control system is configured to receive accessory information associated with the one or more accessories and write the accessory information to the transmitting device.
CLAIM 10:
The system of claim 1, wherein the control system is further configured to: receive a request for the status data in a non-contact manner.
CLAIM 10:
The system of claim 1, wherein the control system is further configured to: receive a request for the status data in a non-contact manner.
CLAIM 11:
The system of claim 1, wherein the transmitting device is a wireless transmitting device configured to wirelessly receive and transmit the status data.
CLAIM 11:
The system of claim 1, wherein the transmitting device is a wireless transmitting device configured to wirelessly receive and transmit the status data.
CLAIM 12:
The system of claim 1, wherein the transmitting device is a radio frequency identification (RFID) chip.
CLAIM 12:
The system of claim 1, wherein the transmitting device is a radio frequency identification (RFID) chip.
CLAIM 13:
The system of claim 1, wherein the status data comprises device information associated with the medical device unit, the device information including one or more of a serial number, a software version, accessory information, power supply information, date of last status data request, date of last operation, date of manufacture, date of last repair, replaced components, results of previous self-test, usage reports, accessory information, battery information, and battery status.
CLAIM 13:
The system of claim 1, wherein the status data comprises device information associated with the medical device unit, the device information including one or more of a serial number, a software version, accessory information, power supply information, date of last status data request, date of last operation, date of manufacture, date of last repair, replaced components, results of previous self-test, usage reports, accessory information, battery information, and battery status.
CLAIM 14:
The system of claim 1, wherein the transmitting device automatically transmits the status data on a periodic or aperiodic basis.
CLAIM 14:
The system of claim 1, wherein the transmitting device automatically transmits the status data on a periodic or aperiodic basis.
CLAIM 15:
The system of claim 1, wherein the control system includes a low power controller configured to transmit the request for the status data.
CLAIM 15:
The system of claim 1, wherein the control system includes a low power controller configured to transmit the request for the status data.
CLAIM 16:
The system of claim 1, wherein the medical device further comprises: a cover configured to protect one or more ports disposed on the medical device, the cover having an open position and a closed position, wherein in a closed position the cover completes a pneumatic pathway.
CLAIM 16:
The system of claim 1, wherein the medical device further comprises: a cover configured to protect one or more ports disposed on the medical device, the cover having an open position and a closed position, wherein in a closed position the cover completes a pneumatic pathway.
CLAIM 17:
The system of claim 1 further comprising: a beacon configured to provide an indication representative of the status data.
CLAIM 17:
The system of claim 1 further comprising: a beacon configured to provide an indication representative of the status data.
CLAIM 18 IS CANCELLED.
CLAIM 19 IS CANCELLED.
CLAIM 20 IS CANCELLED.
CLAIM 21 IS CANCELLED.
CLAIM 22:
A ventilator comprising:
a housing have a top surface, a bottom surface, and a plurality of sidewalls;
a user interface disposed on the top surface of the housing, the user interface including one or more of a display screen, an indicator, and a speaker;
a pneumatic system disposed within the housing, the pneumatic system including a blower coupled to a motor;
a control system disposed within the housing and coupled to the pneumatic system and in communication with a writing device, the controls system programmed to:
transmit a request for status data regarding a status of the pneumatic system;
receive from the pneumatic system status data; and
write, using the writing device, the status data to a transmitting device, the transmitting device configured to store and transmit the status data,
wherein the transmitting device stores the status data and transmits the status data to a receiving device external to the medical device unit and not in physical contact with the medical device unit.
CLAIM 21:
A ventilator comprising:
a housing have a top surface, a bottom surface, and a plurality of sidewalls;
a user interface disposed on the top surface of the housing, the user interface including one or more of a display screen, an indicator, and a speaker;
a pneumatic system disposed within the housing, the pneumatic system including a blower coupled to a motor;
a control system disposed within the housing and coupled to the pneumatic system and in communication with a writing device, the controls system configured to:
transmit a request for status data regarding a status of the pneumatic system;
receive from the pneumatic system status data; and
write, using the writing device, the status data to a transmitting device, the transmitting device configured to store and transmit the status data.
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The claims of Patent 11,742,078 do not explicitly teach “wherein the transmitting device stores the status data and transmits the status data to a receiving device external to the medical device unit and not in physical contact with the medical device unit”.
Prior art reference Kaneko et al. (US 2010/0011100), however, teaches “wherein the transmitting device stores the status data and transmits the status data to a receiving device external to the medical device unit and not in physical contact with the medical device unit” (See, for example, abstract; Kaneko: ¶ [0014], [0024]-[0026]; FIGS. 1-6).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the aforementioned features, as taught by Kaneko, with Claim 21 of Patent 11,742,078 and Claim 22 of the pending patent application with the motivation of facilitating device status checks (Kaneko: ¶¶ [0035]-[0036]).
CLAIM 23:
The system of claim 1, wherein the control system communicates with a plurality of medical device units within a predetermined radius to form a mesh network and aggregate status data from the plurality of medical device units for storage on the transmitting device.
The claims of Patent 11,742,078 do not explicitly teach “wherein the control system communicates with a plurality of medical device units within a predetermined radius to form a mesh network and aggregate status data from the plurality of medical device units for storage on the transmitting device.”
Prior art reference Jollota (US 2011/0149759), however, teaches “wherein the control system communicates with a plurality of medical device units within a predetermined radius to form a mesh network and aggregate status data from the plurality of medical device units for storage on the transmitting device” (See, for example, Jollota: ¶ abstract; [0039], [0053], [0104]-[105]; FIGS. 1-8).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the aforementioned features, as taught by Jollota, with Claim 23 of the pending patent application with the motivation of facilitating device communications (Jollota: ¶¶ [0040]).
Conclusion
4. 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 Michael Tomaszewski whose telephone number is (313)446-4863. The examiner can normally be reached M-F 5:30 am - 2:30 pm.
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/MICHAEL TOMASZEWSKI/Primary Examiner, Art Unit 3681