DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is responsive to the Continuation Application filed on 12/9/2024, which claims the benefit under 35 U.S.C. 119(e) of U.S. Provisional Serial No. 61/972713, filed on March 31,2014. Claims 2-21 are pending in the case.
Claim Objections
Claims 13-21 are objected to because of the following informalities: Claims 13-20 recite, “The system of claim 12” and Claim 21 recites, “The system of claim 20” where “The method of claim 12” and “The method of claim 20” was apparently intended. This appears to be a typographical error. Appropriate correction is required.
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.
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Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US 11740767 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 of U.S. Patent No. US 11740767 B2 contain every element of claims 2-21 of the instant application and thus anticipate the claim of the instant application. Claims 2-21 of the instant application therefore are not patently distinct from the
earlier patent claims and as such are unpatentable over obvious-type patenting.
Instant Application 18/974051
US 11740767 B2
2. An extracorporeal blood treatment system comprising:
extracorporeal blood treatment apparatus for use in performing an extracorporeal blood treatment comprising:
a treatment set comprising tubing operably coupled to a patient to at least take blood from and return blood to the patient,
a plurality of pumps operably coupled to the treatment set to move blood and a treatment solution through the treatment set during extracorporeal blood treatment, and
a plurality of reservoirs operably coupled to the treatment set and the plurality of pumps to store fluids during extracorporeal blood treatment;
a display apparatus comprising a graphical user interface, wherein the graphical user interface is configured to depict a fluid region; and
a computing apparatus operatively coupled to the extracorporeal blood treatment apparatus and the display apparatus, wherein the computing apparatus is configured to:
provide a plurality of extracorporeal blood treatments;
configure a selected extracorporeal blood treatment from the plurality of extracorporeal blood treatments;
display on the graphical user interface a fluid region diagrammatically representative of the selected extracorporeal treatment comprising:
a plurality of reservoir elements representative of and corresponding to the plurality of reservoirs storing the fluid to diagrammatically represent the configuration of the plurality of reservoirs for the selected extracorporeal treatment, wherein each reservoir element of the plurality of reservoir elements comprises a fluid level representative of an amount of the fluid within the reservoir storing the fluid during performance of the extracorporeal blood treatment, and
a fluid circuit comprising one or more fluid connections extending between the plurality of reservoir elements to diagrammatically represent the configuration of the treatment set for the selected extracorporeal treatment; and perform the selected extracorporeal blood treatment.
3. The system of claim 2, wherein the fluid region further comprises a plurality of pump elements representative of and corresponding to the plurality of pumps, wherein each pump element of the plurality of pump elements defines a flow rate during performance of the selected extracorporeal blood treatment.
Claims 12 and 13 are substantially the same as claims 2-3.
1. An extracorporeal blood treatment system comprising:
extracorporeal blood treatment apparatus for use in performing an extracorporeal blood treatment comprising:
a treatment set comprising tubing operably coupled to a patient to at least take blood from and return blood to the patient,
a plurality of pumps operably coupled to the treatment set to move blood and a treatment solution through the treatment set during extracorporeal blood treatment,
a plurality of reservoirs operably coupled to the treatment set and the plurality of pumps to store fluids during extracorporeal blood treatment, and
a plurality of reservoir scales to hold and weigh the plurality of reservoirs;
a display apparatus comprising a graphical user interface, wherein the graphical user interface is configured to depict a fluid region; and
a computing apparatus operatively coupled to the extracorporeal blood treatment apparatus and the display apparatus, wherein the computing apparatus is configured to:
provide a plurality of extracorporeal blood treatments;
configure a selected extracorporeal blood treatment from the plurality of extracorporeal blood treatments;
display on the graphical user interface a fluid region diagrammatically representative of the selected extracorporeal treatment comprising:
a plurality of pump elements representative of and corresponding to the plurality of pumps, wherein each pump element of the plurality of pump elements defines a flow rate during performance of the selected extracorporeal blood treatment, and
a fluid circuit comprising one or more fluid connections extending between the plurality of pump elements to diagrammatically represent the configuration of the treatment set for the selected extracorporeal treatment; and perform the selected extracorporeal blood treatment.
2. The system of claim 1, wherein the fluid region further comprises a plurality of reservoir elements representative of and corresponding to the plurality of reservoirs storing the fluid to diagrammatically represent the configuration of the plurality of reservoirs for the selected extracorporeal treatment, wherein each reservoir element of the plurality of reservoir elements comprises a fluid level representative of an amount of the fluid within the reservoir storing the fluid during performance of the extracorporeal blood treatment.
Claims 11 and 12 are substantially the same as claims 1-2.
4. The system of claim 2, wherein the treatment set further comprises a deaeration apparatus, and wherein the fluid circuit of the fluid region further comprises a deaeration apparatus element representative of and corresponding to the deaeration apparatus to diagrammatically represent the configuration of the deaeration apparatus within the treatment set for the selected extracorporeal treatment.
3. The system of claim 1, wherein the treatment set further comprises a deaeration apparatus, and wherein the fluid circuit of the fluid region further comprises a deaeration apparatus element representative of and corresponding to the deaeration apparatus to diagrammatically represent the configuration of the deaeration apparatus within the treatment set for the selected extracorporeal treatment.
5. The system of claim 2, wherein the treatment set further comprises a blood warmer, and wherein the fluid circuit of the fluid region further comprises a blood warmer element representative of and corresponding to the blood warmer to diagrammatically represent the configuration of the blood warmer within the treatment set for the selected extracorporeal treatment.
4. The system of claim 1, wherein the treatment set further comprises a blood warmer, and wherein the fluid circuit of the fluid region further comprises a blood warmer element representative of and corresponding to the blood warmer to diagrammatically represent the configuration of the blood warmer within the treatment set for the selected extracorporeal treatment.
6. The system of claim 2, wherein the treatment set further comprises one or more pressure sensors, and wherein the fluid circuit of the fluid region further comprises one or more pressure sensor elements representative of and corresponding to the one or more pressure sensors to diagrammatically represent the configuration of the one or more pressure sensors within the treatment set for the selected extracorporeal treatment.
5. The system of claim 1, wherein the treatment set further comprises one or more pressure sensors, and wherein the fluid circuit of the fluid region further comprises one or more pressure sensor elements representative of and corresponding to the one or more pressure sensors to diagrammatically represent the configuration of the one or more pressure sensors within the treatment set for the selected extracorporeal treatment.
7. The system of claim 2, wherein the treatment set further comprises a filter, and wherein the fluid circuit of the fluid region further comprises a filter element representative of and corresponding to the filter to diagrammatically represent the configuration of the filter within the treatment set for the selected extracorporeal treatment.
6. The system of claim 1, wherein the treatment set further comprises a filter, and wherein the fluid circuit of the fluid region further comprises a filter element representative of and corresponding to the filter to diagrammatically represent the configuration of the filter within the treatment set for the selected extracorporeal treatment.
8. The system of claim 2, wherein the plurality of extracorporeal blood treatments comprises continuous ultrafiltration (SCUF), continuous veno-venous hemofiltration, (CVVH), continuous veno-venous hemodialysis (CVVHD), therapeutic plasma exchange (TPE), hemofiltration HP, hemoperfusion, continuous renal replacement therapy (CRRT), and molecular adsorbent recirculating system (MARS).
7. The system of claim 1, wherein the plurality of extracorporeal blood treatments comprises continuous ultrafiltration (SCUF), continuous veno-venous hemofiltration, (CVVH), continuous veno-venous hemodialysis (CVVHD), therapeutic plasma exchange (TPE), hemofiltration HP, hemoperfusion, continuous renal replacement therapy (CRRT), and molecular adsorbent recirculating system (MARS).
9. The system of claim 2, wherein at least one of the plurality of extracorporeal blood treatments results a first number of the plurality of reservoir elements displayed in the fluid region and at least one of the plurality of extracorporeal blood treatments results a second number of the plurality of reservoir elements displayed in the fluid region, wherein the first number is different than the second number.
8. The system of claim 1, wherein at least one of the plurality of extracorporeal blood treatments results a first number of the plurality of pump elements displayed in the fluid region and at least one of the plurality of extracorporeal blood treatments results a second number of the plurality of pump elements displayed in the fluid region, wherein the first number is different than the second number.
10. The system of claim 2, wherein the plurality of reservoir elements comprises graphical depictions of the corresponding plurality of reservoirs.
9. The system of claim 1, wherein each of the plurality of pump elements comprises a pump icon that is graphical depiction of the type of pump used for the corresponding fluid.
11. The system of claim 10, wherein the graphical depictions of the reservoirs comprises one or more of bags, cylinders, jugs, syringes, and flasks.
10. The system of claim 9, wherein the pump icon is graphical depiction of a peristaltic pump or a syringe.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Kamen et al. US 20130317753 A1 System, method and apparatus for electronic patient care.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHELET SHIBEROU whose telephone number is (571)270-7493. The examiner can normally be reached Monday-Friday 9:00 AM-5:00 PM Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kieu Vu can be reached at 571-272-4057. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAHELET SHIBEROU/Primary Examiner, Art Unit 2171
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