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 § 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.
Claim 1 is 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 the limitation "the amount of insulin" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-16 are also rejected for incorporating the above deficiency by dependency.
Double Patenting
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12,154,676 and over claims 1-15 of U.S. Patent No. 11,705,234. Although the claims at issue are not identical, they are not patentably distinct from each other because they claimed the same limitations.
The instant application 18/956,783
U.S. Patent No. 11,705,234
U.S. Patent No. 12,154,676
1. A method of operating a remote controller for an insulin pump on a user comprising the steps of:
scanning information corresponding to a food item with the controller;
receiving quantity information from the user on an amount of the food item;
accessing a database containing nutritional information of the food item;
receiving a blood glucose value of the user;
tracking the amount of insulin on board the user;
calculating an estimated bolus amount of insulin based on the blood glucose value, the
nutritional information of the food item, the insulin on board the user; and
sending to the insulin pump information corresponding to the estimated bolus amount of
insulin.
1. A method of operating a remote controller for an insulin pump on a user comprising the steps of: scanning information corresponding to a food item; requesting quantity information from the user on the amount of the food item; receiving quantity information from the user on the amount of the food item; accessing a database containing nutritional information of the food item;
receiving a blood glucose value of the user; calculating an estimated bolus amount of insulin based on the blood glucose value, the nutritional information of the food item and the quantity information; indicating to the user the estimated bolus amount of insulin; and sending to the insulin pump information corresponding to the estimated bolus amount of insulin.
1. A method of operating a remote controller for an insulin pump on a user comprising the steps of:
scanning information corresponding to a food item with the controller;
receiving quantity information from the user on an amount of the food item;
accessing a database containing nutritional information of the food item and a user profile
of the user;
receiving a blood glucose value of the user;
calculating an estimated bolus amount of insulin based on the blood glucose value, the
nutritional information of the food item, the user profile and the quantity information; and
sending to the insulin pump information corresponding to the estimated bolus amount of
insulin.
Independent claims 2-16 comprising the same limitation as independent claims 2-15 of U.S. Pat. No. 11,705,234 and independent claims 2-17 of U.S. Pat. No. 12,154,676; and are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 11,705,234 and claims 1-17 of U.S. Patent No. 12,154,676.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Simpson et al. (US 2022/0384007) discloses a system and method for monitoring compliance with an insulin regimen prescribed for a diabetic patient.
-Pasmooij (US 11,468,787) discloses a diabetic treatment management system.
-Nazzaro et al. (US 2021/0249115) discloses an early meal detection and calorie intake detection.
-Hadad et al. (US 2019/0290172) disclose systems and method for food analysis, personalized recommendations, and health management.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOAN NGOC PHAM whose telephone number is (571)272-2967. The examiner can normally be reached M - F (7 AM - 3:30 PM).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Quan-Zhen Wang can be reached at (571) 272-3114. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOAN N PHAM/ Primary Examiner, Art Unit 2685 2/26/26
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