DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2023, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on September 10th, 2026 has been entered.
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.
Claims 21-24, 26, 28, 30-32, 34-40, 46-49, and 51-55 are 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 21 recites “wherein the second signal is correlated with the fluctuation in the glucose signal based at least on a portion of the second signal indicating a lack of movement of the host for a period of time followed by movement of the host into the first position after the period of time” in lines 19-22. It is unclear as to whether this limitation should have instead recited “wherein the determination is based at least on a portion of the second signal indicating a lack of movement of the host for a period of time followed by movement of the host into the first position after the period of time” as the prior limitation already recited “correlating the second signal”.
Claim 21 recites “after the period of time” in line 22. It is unclear as to whether this limitation is referring specifically to the “lack of movement of the host for a period of time” from line 21, or if this limitation would only require the “period of time”, regardless of movement, to satisfy this limitation.
Claim 46 recites “wherein the accelerometer signal is correlated with the fluctuation in the transcutaneous analyte sensor signal based at least on a portion of the accelerometer signal indicating a lack of movement of a host for a period of time followed by movement of the host into the first position after the period of time” in lines 14-17. It is unclear as to whether this limitation should have instead recited “wherein the determination is based at least on a portion of the accelerometer signal indicating a lack of movement of a host for a period of time followed by movement of the host into the first position after the period of time” as the prior limitation already recited “correlating the accelerometer signal”.
Claim 46 recites “after the period of time” in line 17. It is unclear as to whether this limitation is referring specifically to the “lack of movement of the host for a period of time” from lines 16-17, or if this limitation would only require the “period of time”, regardless of movement, to satisfy this limitation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHANEL J YOON whose telephone number is (571) 272-2695. The examiner can normally be reached on Monday-Friday 9:00AM-5:00PM.
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/CHANEL J YOON/Examiner, Art Unit 3791
