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 .
Notice to Applicant
This communication is in response to application filed 8/15/2025. It is noted that application is a continuation of 18/027,547 filed 10/13/2023 (now US Patent No. 12412655) which is a 371 of PCT/US21/62591 filed 12/09/2021 that claims priority to Provisional Application No. 63/123,977 filed 12/10/2020. Claim 1 is pending.
Information Disclosure Statement
Information disclosure statement dated 11/13/2025 has been acknowledged and considered.
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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-34 of U.S. Patent No. 12,412,655 and claims 1-20 of U.S. Patent No. 12,558,558. Although the claims at issue are not identical, they are not patentably distinct from each other because the currently pending claims and the previously patented claims teach –
Housing with at least one compartment; plurality of medical supplies in the compartment (’655: claim 1 and ‘558 claim 1)
user interface providing an interactive query flow to assist treatment (’655: claim 1 and ‘558 claim 1)
Sensor(s) adapted to detect removal of a medical item (’655: claim 1 and ‘558 claim 1)
Processor/memory coupled to UI/sensors/communications, configured to:
present inquiries; receive user input; present treatment instructions based on input (‘655: claim 1 and ‘558 claim 1)
determine sensor detected removal (’655 claim 1 and ‘558 claim 1)
transmit a status/output signal based on detected removal (’655: claim 1 and ‘558 claim 1)
Because the pending claims recite the same or an obvious variant of the inventions claimed in the ’655 patent and ‘558 patent, they are not patentably distinct.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Freeman (2023/0025409).
As per claim 1, Freeman teaches a portable medical treatment and guidance apparatus for assisting a user in treating a patient, the apparatus comprising:
a housing having at least one compartment (Freeman; paras. [0015], [0031], Figs 1A-1B, 2A teaches a portable case/housing with compartments);
a plurality of medical supplies housed within the at least one compartment (Freeman paras. [0024]-[0026] teaches multiple medical supplies stored in the case (e.g., gloves, dressings, CPR equipment, AED electrodes);
a user interface configured to provide an interactive query flow for assisting the user in providing medical treatment (Freeman; paras. [0069] – [0074], [0078] and FIGS. 4A–4D teach Interactive query flow user interface presenting prompts and guiding treatment)
at least one sensor adapted to detect removal of at least one medical item of the plurality of medical supplies (Freeman; paras. [0089]–[0093] teach sensors to detect item presence/removal; modalities include optical/photodetectors, image sensors, Hall/magnetic, capacitive, weight/force, proximity, RFID/NFC…)
at least one processor and memory mechanically coupled to the housing and communicatively coupled to the user interface, the at least one sensor, and communications circuitry (Freeman; FIG. 2A; Paras. [0031]–[0033], [0164]–[0172] teach Processor/memory in the case coupled to interface, sensors, and radios), the at least one processor and memory configured to:
present via the user interface at least one inquiry as part of the interactive query flow (Freeman; FIGS. 4A–4D; Paras. [0069]–[0074]) teaches user interface that presents inquiries/prompts) , receive at least one user input via the user interface in response to the at least one inquiry (Freeman; paras. [0069] – [0074] teaches receiving user input advancing the flow, present via the user interface instructions for administering medical treatment based on the at least one user input (Freeman; Figs. 5-10, paras. [0069] – [0074] teaches presenting treatment instructions/screens), determine whether the at least one sensor has detected removal of the at least one medical item (Freeman; paras. Fig. 14 and para. [0191]) teaches determining, based on electrical/sensor signals, that an item (e.g., electrodes) was removed), and transmit an output signal based on the detected removal of the at least one medical item to provide a status indication regarding the portable medical treatment and guidance apparatus (Freeman; Fig. 11, para [0172] teaches communications circuitry transmits status/notifications and paras. [0089] [0093] teaches inventory/status tied to detected removal).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ukrainsky (2022/0181019), teaches a medical diagnostic kit. Ukrainsky para. [0009] teaches a medical diagnostic kit to facilitate telemedicine and conduct in-depth screenings and medical exams using hospital-grade, diagnostic equipment deployed by trained health care professionals. The medical diagnostic kit is configured to store medical data, for example, the patient's vital signs, sonograms, electrocardiograms (ECGs), auscultation sounds, camera images, etc., securely in an internal storage device for a later upload
Dai (CN 210844587 U), the closest foreign reference of record, teaches a medical resistance heating device. The device comprises a temperature controller and a temperature sensor. The device comprises a tray where the multiple surgical tools can be heated and disinfected at the same time.
Kibira (19.), the closest Non Patent Literature of record teaches modeling for optimal ambulance patient compartment layout. These designs must target the patient compartment arrangement including the locations of cabinets, sharps disposal, equipment, and supplies.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINH GIANG MICHELLE LE whose telephone number is (571)272-8207. The examiner can normally be reached Mon- Fri 8:30am - 5:30pm PST.
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, JASON DUNHAM can be reached at 571-272-8109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
LINH GIANG "MICHELLE" LE
PRIMARY EXAMINER
Art Unit 3686
/LINH GIANG LE/Primary Examiner, Art Unit 3686
Prosecution Insights