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 .
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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/14/26 has been entered.
Response to Amendment
Receipt is acknowledged of applicant's amendment filed on 4/14/26. Claims 157-162, 168-171, 172-175 and 176-179 are cancelled. Claims 187-189 are new. Claims 156, 163, 165-167, 172-175 and 180-189 are currently pending and an action on the merits is as follows.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 156, 163, 165-167, 172-175 and 180-186 is/are rejected under 35 U.S.C. 103 as being unpatentable over Larvenz et al. US 2015/0164390 in view of Karr US 2008/0165059.
Regarding claim 156, Larvenz discloses an analyte monitoring system, comprising a plurality of devices, the plurality of devices comprising:
an on body device ([FIG1] device 21), comprising:
an analyte sensor, at least a portion of which is configured to be positioned under skin of a subject and in contact with a bodily fluid of the subject ([¶72,82,94] a continuous analyte sensor is used and it can be transdermal or subcutaneous); and
sensor electronics disposed in an interior of the on body device and coupled with the analyte sensor, the sensor electronics configured to generate data representative of an in vivo analyte level of the subject ([¶98,102,116] controller 308);
a smart phone ([¶79] the receiver device can be a smart phone or tablet), comprising:
a first communication circuitry of the smart phone configured to wirelessly communicate according to a radio frequency (RF) protocol ([¶124] Bluetooth);
a second communication circuitry of the reader device configured to wirelessly communicate according to a near field communication (NFC) protocol ([¶124]);
a medication delivery device, comprising processing circuitry coupled with memory for storing instructions that, when executed by the processing circuitry, cause the processing circuitry to store a medication dosage amount ([¶73,132] a medicant pump is controlled by the system and has some form of memory to execute its operations and processing),
wherein the smart phone is configured to wirelessly activate the on body device according to the NFC protocol ([¶94,125] the reader device can initiate the wearable device with a request and NFC is one of the possible communication protocols),
wherein the smart phone is configured to wirelessly receive the data representative of the in vivo analyte level of the subject from the on body device according to either or both of the RF protocol or the NFC protocol ([¶94,124] sensor sends data to the receiving device), and
Larvenz does not disclose wherein a first one of the plurality devices comprises timing circuitry and a non-transitory memory that stores a timing calibration value that is an offset of the timing circuitry from a predetermined target, the first one of the plurality of devices being configured to wirelessly communicate the timing calibration value to a second one of the plurality of devices, wherein the second one of the plurality of devices is configured to determine a start time for a receiving period based upon the timing calibration value, wherein the receiving period is for receipt of a transmission from the first one of the plurality of devices.
Karr teaches a similar analyte sensor system that provides a timing calibration or offset. Specifically a timing circuit that stores a timing calibration value that is an offset of the timing circuitry from a predetermined target ([¶8,24,54,55] the clock frequency of the main device and the sensors is determined and synchronized during transmission). As well as, a device configured to wirelessly communicate the timing calibration value to a second one of the plurality of devices ([¶54-56,59-60] the information from the timing circuit or oscillator is encoded into the signal to the second device) to determine a start time for a receiving period based upon the timing calibration value ([¶8,69] the offsets of the clock are used to synchronize transmission and receiving timing based on trip time). Therefore, it would have been obvious to one of ordinary skill in the art prior to the time of filing to combine the device of Larvenz with the timing of Karr in order to determining timing as part of the data transmission and synchronize the transmissions ([¶8]).
Regarding claim 163, Larvenz discloses the on body device further comprises an adhesive patch configured to attach the on body device to the skin of the subject ([¶80] device 21 can be attached with adhesive).
Regarding claim 165, Larvenz discloses the RF protocol is a formed in an ultra-high frequency (UHF) band ([¶124] Bluetooth operates in the UHF band).
Regarding claim 166, Larvenz discloses the smart phone further comprises a shared antenna coupled with the first communication circuitry and the second communication circuitry ([¶92,101] The device had an antenna and smart phones if that is the reader have antenna).
Regarding claim 167, Larvenz discloses an antenna but does not disclose the reader device further comprises a first antenna coupled with the first communication circuitry and a second antenna coupled with the second communication circuitry. However, it would have been obvious to one of ordinary skill in the art at the time of filing to include a second antenna as it is no more than the duplication or parts to arrive at the predictable result of having two antennas one for each communication protocol.
Regarding claim 172, Larvenz discloses the smart phone is further configured to wirelessly receive an indication of an alarm condition from the on body device according to the RF protocol ([¶77,100] alarms for glucose levels).
Regarding claim 173 and 174, Larvenz discloses the alarm condition comprises a predicted low analyte level condition and a predicted high analyte level ([¶109,114] alerts for high and low levels).
Regarding claim 175, Larvenz discloses wherein the analyte sensor is a glucose sensor ([¶68] glucose is measured).
Regarding claim 177, Karr teaches wherein the second one of the plurality of devices comprises non-transitory memory that stores a data structure that translated the code to a corresponding value ([¶60]).
Regarding claim 180, Karr teaches the data structure is a lookup table ([¶60]).
Regarding claim 181, Karr teaches the timing calibration value is an offset of a frequency of the timing circuitry ([¶53,54,56] the clock signal is a frequency).
Regarding claim 182, Karr teaches the timing calibration value is an offset of a time ([¶53,54,56] the clock signal is a frequency used to determine time differences so the offset is a time).
Regarding claim 183, Karr teaches the timing calibration value is an offset of the time of a communication interval ([¶53,54,56,69] the offset in the clock signal accounts for delays from transmission and processing).
Regarding claim 184, Karr teaches the smart phone is the first one of the plurality of devices and the on body device is the second one of the plurality of devices ([¶53,54,56] timing correction is performed by a main device and a remote device).
Regarding claim 185 and 186, Karr teaches the timing circuitry comprises a clock and the clock comprises a crystal oscillator ([¶53-56]).
Claim(s) 187-189 is/are rejected under 35 U.S.C. 103 as being unpatentable over Karr US 2008/0165059.
Regarding claim 187, Karr discloses a method of communication in an analyte monitoring system comprising a first device and a second device ([¶50-52] the remote locator and the transponder), the method comprising:
providing a timing calibration value to the second device, wherein the timing calibration value is a code that represents an offset of a timing circuitry of the first device from a predetermined target ([¶57-60] a code is generated that represents the timing information and identifiers);
referencing, by the second device, the provided timing calibration value to a lookup table or other data structure ([¶57-60] the code or identifier is used to provide timing calibration and a look-up table can be used. Karr does not specifically disclose the code is referenced to a look-up table but it would have been obvious to one of ordinary skill in the art at the time of filing to use a look-up table with the code as a look-up table uses some referential value and the id code would work as this value); and
determining, by the second device, a start time for a receiving period of the second device based upon the timing calibration value for the first device, wherein the receiving period is for receipt of a transmission from the first one of the plurality of devices ([¶8,69] the offsets of the clock are used to synchronize transmission and receiving timing based on trip time).
Regarding claim 118, Karr discloses the providing the timing calibration value to the second device comprises wirelessly transmitting the timing calibration value from the first device to the second device ([¶57-60] the code is sent to the second device).
Regarding claim 189, Karr discloses providing the timing calibration value to the second device comprises retrieving, by the second device, the timing calibration value from a trusted computer system ([¶60] the code can be retrieved from memory or another device).
Response to Arguments
Applicant's arguments filed 4/14/26 have been fully considered but they are not persuasive.
Regarding Applicant’s arguments against Karr, see pg. 7-9, Examiner respectfully disagrees. Applicant argues that Karr uses a different technique than that recited, however, as Examiner will show the current claim language is broad enough that the technique of Karr reads on the claim limitations. First, Applicant argues that Karr does not teach a timing calibration value that is an offset of the timing circuitry from a predetermined target. Karr teaches a communication system between a main device MT and remote device RL. The receiving device get a code that provides it the timing information for the clock frequency of the transmitting device. The receiving device then uses this to modify or offset its timing. The code provides the timing calibration information and it is stored in that it is processed through the memory of the device ([¶54,55,100-104]). Karr also teaches storing the codes in memory or a look-up table as well ([¶60]).
Applicant argues that Karr does not teach the first one of the plurality of devices being configured to wirelessly communicate the timing calibration value to a second one of the plurality of devices. Karr teaches the transmitting device sends code information to the receiving device indicative of the timing information of the clock of the transmitting device so the receiving device can then adjust its time so it sends a timing calibration value as what exactly that value is in the instant device has not been further defined ([¶8,69]).
Applicant argues that Karr does not teach that the second one of the plurality of devices is configured to determine a start time for a receiving period based upon the timing calibration value, wherein the receiving period is for receipt of a transmission from the first one of the plurality of devices. Karr, however, teaches that the device uses the timing calibration information to adjust its receiving and transmitting ([¶69]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL ANTHONY CATINA whose telephone number is (571)270-5951. The examiner can normally be reached 10-6pm.
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/MICHAEL A CATINA/Examiner, Art Unit 3791
/TSE W CHEN/Supervisory Patent Examiner, Art Unit 3791
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