DETAILED ACTION
Notice to Applicant
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 in reply to the filed on 10/22/2025.
Claims 1-20 have been cancelled.
Claims 21-39 are new.
Claims 21-39 currently pending and have been examined.
Information Disclosure Statement
The Information Disclosure Statements filed on 6/10/2026, 11/24/2025 and 10/22/2025 have been considered. Initialed copies of Form 1449 are enclosed herewith.
Priority
Applicant’s claim for the benefit of prior-filed applications (provisional application 63/216,931, filed 6/30/2021) under 35 U.S.C. 110(e) or under 35 U.S.C. 120, 121, or 365(c), or under 35 U.S.C. 119(a)-(d) or (f) is acknowledged.
Subject Matter Free of Prior Art
Worrell et al. (US 2013/0317852 A 1), Batchelor et al. (US 2017/0169168 A 1), Gejdos et al. (US 2013/0173307 A 1) and Bonde (US 2016/0151553 A 1) teach a cloud-based system for transferring historical, time-correlated operation data…. Worrell et al., Batchelor et al., Gejdos et al. and Bonde do not teach the specific arrangement of components interacting in the performance of the specific series of logical operations recited in independent claims 21, 38 and 39. Therefore, the Applicant has successfully overcome the Examiner’s 35 USC 103 rejection and Examiner withdraws his 35 USC 103 rejection.
Basis for Nonstatutory 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Rejection, Nonstatutory Double Patenting – No Secondary Reference
Claims 21-39 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,476,002. Although the claims at issue are not identical, they are not patentably distinct from each other because the differences between the conflicting claims (i.e. “receive, via a first user interface, at least one of (a) an identifier of a patient having an implanted heart pump or (b) an identifier of the implanted heart pump, “receive, via a second user interface, a time and an identification of at least one data type,” “send, to a heart pump controller database, a request for data corresponding to the at least one of (a) the identifier of the patient…,” “receive, via a third user interface, a selection of a portion of the displayed requested data,” “automatically configure the selected portion of the requested data to be stored as structured data in an EMR database”, etc. versus “provide a first user interface to a display screen…,” “provide a second user interface to the display screen for display…,” “provide a third user interface to the display screen for display, wherein the third user interface comprises a third prompt for a selection of a portion of the corresponding data displayed on the display screen,” “automatically store, as structured data in the EMR database, in association with a patient identifier, the selected portion of the corresponding data”, etc.) are minor and not distinguishing the overall appearance of one over the other.
Prior Art
Prior art made of record though not relied upon in the present basis of rejection are noted in the attached PTO-892 and include:
Dunsirn et al. (US 2014/031681) disclose a computer module for managing medical information is described. Aspects of the invention provide a "binding" or association process for mapping information from a patient, including at the bedside, to medical devices and/or locations containing medical devices. This may advantageously allow combining all patient-bound device data in a single repository and effectively enable viewing of all patient.
Shah (US 2017/0150939) disclose a remote-control device includes a repository for storing computer executable files aggregated from a plurality of changing private networks. The remote-control device includes an electronic record (ER) client to make a wireless connection with each of the private networks and to query ER database associated with the private networks for electronic records residing within the private networks.
Choi et al. 2005 (Reference U) disclose a web-based database system for intelligent remote monitoring of an artificial heart. It is important for patients with an artificial heart implant to be discharged from the hospital after an appropriate stabilization period for better recovery and quality of life.
Rashid et al. 2016 (Reference V) disclose a Mobile Healthcare Locator System for Heart Patients (MHLSHP) that intents to save the patients in critical situations as well as to improve healthcare services for heart patients during emergency. The objective of MHLSHP is mainly to track and show the patient’s current location and to locate the nearest healthcare point, and assist in reaching to the nearest Emergency Center (EC) to seek for medical help. The location coordinates of the healthcare points can be retrieved by Global Positioning System (GPS). Using location-based services (LBS), it will provide us the exact locations of the nearest healthcare center.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES P. COLEMAN whose telephone number is (571) 270-7788. The examiner can normally be reached on Monday through Thursday 7:30a-5:00p.
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/C. P. C./
Examiner, Art Unit 3683
/ROBERT W MORGAN/Supervisory Patent Examiner, Art Unit 3683
