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 .
Response to Amendment
The Amendment filed August 26, 2025 has been entered. Claims 1-10, 12-14, 16-24 and 26-28 remain pending in the application.
Claim Rejections - 35 USC § 103
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 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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-5, 12-14, 17-22, 24 and 26-29 are rejected under 35 U.S.C. 103 as being unpatentable over Moein et al. (US 2012/0323098 A1) (“Moein”) in view of Ghabra et al. (US 2016/0344101 A1) (“Ghabra”) in further view of Kashiwagi et al. (US 2016/0029507 A1) (“Kashiwagi”).
Regarding claims 1 and 29, Moein discloses A sensor control device of an analyte monitoring system, the sensor control device comprising (Abstract and FIG. 18-22):
a printed circuit board (Para. [0181] – [0182], “The sensor control unit insertion assembly 900 includes a PCB assembly 906. PCB assembly 906 in turn includes battery contacts 907 for contacting battery 908, a thermistor 909, antennae 910 and processor 911.” And “Sensor control unit insertion assembly 900 also includes sensor support 912 which is configured to hold insertion needle 902 and analyte sensor 913 together during the insertion process.”);
a battery connected to the printed circuit board and configured to power the printed circuit board (Para. [0181] – [0182], “The sensor control unit insertion assembly 900 includes a PCB assembly 906. PCB assembly 906 in turn includes battery contacts 907 for contacting battery 908, a thermistor 909, antennae 910 and processor 911.” And “Sensor control unit insertion assembly 900 also includes sensor support 912 which is configured to hold insertion needle 902 and analyte sensor 913 together during the insertion process.”);
an analyte sensor having a distal portion configured to measure an analyte level in a fluid under a skin layer of a user and a proximal portion electrically connected to the printed circuit board (Para. [0183], “The rivet physically connects analyte sensor 913 to PCB assembly 906 such that electrical contacts 504A and 502B of the reference and working electrodes respectively (See FIG. 7) come into physical and electrical contact with electrical contacts on the top surface of PCB assembly 906.” See also [0117] – [0119] discussing analyte sensor in body fluid.);
a processor connected to the printed circuit board and configured to process data associated with the measured analyte level (Para. [0162], “The data processing unit 102 performs data processing functions, where such functions may include, but are not limited to, filtering and encoding of data signals, each of which corresponds to a sampled analyte level of the user, for transmission to the primary receiver unit 104 via the communication link 103.” And para. [0181], “processor 911”); and
an antenna for transmitting the processed data associated with the measured analyte level using a near field wireless communication protocol (Para. [0173], “In further embodiments, the data processing unit 102 and/or the primary receiver unit 104 and/or the secondary receiver unit 106, and/or the data processing terminal/infusion device 105 may be configured to receive the analyte value wirelessly over a communication link from, for example, a blood glucose meter.” And para. [0181], “antennae 910”; Para. [0167] discussing Bluetooth protocols), the antenna comprising:
a length, (para. [0181], “antennae 910” which has a length)
Moein fails to disclose a plurality of risers comprising a first set of risers,
wherein the first set: comprise corresponding folded portions of the antenna,
a first folded portion of the antenna including: (i) a first 90 degree bend, (ii) a straight section that follows the first 90 degree bend, and (iii) a second 90 degree bend that follows the straight section, resulting in the first folded portion folding 180 degrees and further resulting in an air gap existing as a part of the first folded portion,
couple the antenna to the printed circuit board, and
extend from a surface of the printed circuit board by a fixed distance such that the length of the antenna traverses above one or more electronic modules connected to the printed circuit board, and
either:
a free end that extends from the surface of the printed circuit board by the fixed distance, wherein:
the first set of risers includes a first riser and a second riser, the first riser and the second riser form branches of a y-shape, and the free end forms a trunk of the y-shape, or
a free end that extends from the surface of the printed circuit board by the fixed distance and a cross bar, the cross bar located between the first set of risers, and the cross bar forms a portion of an h-shape having a first side and a second side, wherein:
the first side extends between a riser of a second set of risers and the free end, and
the second side extends between a second riser of the second set of risers to a y-shape defined at least in part by the first set of risers.
However, in the field of wireless communication and directed towards solving the same problem, Ghabra teaches a plurality of risers having a first set of rises (FIG. 2A-2E, loop antenna 24 and loop antenna 26, comprising risers 34/36 and 40/42, see [0032] – 0047]),
wherein the first set of risers: comprise a folded portion of the antenna (FIG. 2A-2E, best shown in FIG. 2C, 40/42 make up a folded portion of the antenna that forms the risers, see [0032], “The raised structure forming second loop antenna portion 28 includes first and second ends 40 and 42 with a body 44 extending therebetween. First and second ends 40 and 42 of the raised structure are mounted to bottom side 32 of PCB 22. Body 44 of the raised structure is raised out and away from bottom side 32 of PCB 22.”),
couple the antenna to the printed circuit board (FIG. 2A-2E, best shown in FIG. 2C, 40/42 and 34/36 described as traces that connect the antenna to the PCB), and
extend from a surface of the printed circuit board by a fixed distance such that the length of the antenna traverses above one or more electronic modules connected to the printed circuit board (FIG. 2A-2E, best shown in FIG. 2C, 40/42 make up a folded portion of the antenna that forms the risers, see [0032], “The raised structure forming second loop antenna portion 28 includes first and second ends 40 and 42 with a body 44 extending therebetween. First and second ends 40 and 42 of the raised structure are mounted to bottom side 32 of PCB 22. Body 44 of the raised structure is raised out and away from bottom side 32 of PCB 22.”), and
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the device as taught by Moein to include a plurality of risers having a first set of rises and a second set of rises, wherein the first set and the second set of risers: comprise a folded portion of the antenna, couple the antenna to the printed circuit board, and extend from a surface of the printed circuit board by a fixed distance such that the length of the antenna traverses above one or more electronic modules connected to the printed circuit board as taught by Ghabra to form the antenna in a limited space ([0047], “A problem addressed by the present disclosure is the ability to form a loop antenna in a highly limited space on a PCB. The loop antenna according to the present disclosure solves this problem by being formed by the combination of the first and second loop antenna portions on the respective sides of a PCB.”).
Moein as modified fails to disclose a first folded portion of the antenna including: (i) a first 90 degree bend, (ii) a straight section that follows the first 90 degree bend, and (iii) a second 90 degree bend that follows the straight section, resulting in the first folded portion folding 180 degrees and further resulting in an air gap existing as a part of the first folded portion,
either:
a free end that extends from the surface of the printed circuit board by the fixed distance, wherein:
the first set of risers includes a first riser and a second riser, the first riser and the second riser form branches of a y-shape, and the free end forms a trunk of the y-shape, or
a free end that extends from the surface of the printed circuit board by the fixed distance and a cross bar, the cross bar located between the first set of risers, and the cross bar forms a portion of an h-shape having a first side and a second side, wherein:
the first side extends between a riser of a second set of risers and the free end, and
the second side extends between a second riser of the second set of risers to a V-shape defined at least in part by the first set of risers.
However, in the same field of endeavor, Kashiwagi teaches a first folded portion of the antenna including: (i) a first 90 degree bend, (ii) a straight section that follows the first 90 degree bend, and (iii) a second 90 degree bend that follows the straight section, resulting in the first folded portion folding 180 degrees and further resulting in an air gap existing as a part of the first folded portion (As shown in FIG. 13 and [0092 – 0094], “A main body 33 of the antenna 24 includes a first portion 81 substantially perpendicular to a wearable surface 12 and a second portion 82 substantially parallel to the wearable surface 12, and has a substantially L-shaped cross section. By virtue of this feature, the antenna 24 can effect coupling in a first direction where it faces the first portion 81 and in a second direction in which it faces the second portion 82.”),
(i) a free end that extends from the surface of the printed circuit board by the fixed distance, or (ii) a free end that extends from the surface of the printed circuit board by the fixed distance and a cross bar, the cross bar located between the first set of risers, and the cross bar forms a portion of an h-shape having a first side and a second side (Kashawagi FIG. 13 shows portion 82 acting as a free end and as a crossbar or part of the antenna that connects to the risers as folding into the free end. Ghabra FIG. 2A-2E, crossbars 26/28 between the risers)),
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the device as taught by Moein as modified to include a first folded portion of the antenna including: (i) a first 90 degree bend, (ii) a straight section that follows the first 90 degree bend, and (iii) a second 90 degree bend that follows the straight section, resulting in the first folded portion folding 180 degrees and further resulting in an air gap existing as a part of the first folded portion a free end that extends from the surface of the printed circuit board by the fixed distance, or a free end that extends from the surface of the printed circuit board by the fixed distance and a cross bar, the cross bar located between the first set of risers, and the cross bar forms a portion of an h-shape having a first side and a second side as taught by Kashiwagi to improve the antenna ([0094], “Also, in the above structure, the communication function of the antenna 24 can be improved as in the first embodiment. It should be noted that as the antenna 24, for example, an antenna for wireless LAN may be applied.”).
Moein as modified further fails to explicitly disclose either:
wherein: the first set of risers includes a first riser and a second riser, the first riser and the second riser form branches of a y-shape, and the free end forms a trunk of the y-shape, or
wherein:
the first side extends between a riser of a second set of risers and the free end, and
the second side extends between a second riser of the second set of risers to a y-shape defined at least in part by the first set of risers.
However, Moein as modified by Ghabra and Kashiwagi disclose wherein: the first set of risers includes a first riser and a second riser (FIG. 2A-2E, best shown in FIG. 2C, 40/42 make up a folded portion of the antenna that forms the risers, see [0032], “The raised structure forming second loop antenna portion 28 includes first and second ends 40 and 42 with a body 44 extending therebetween. First and second ends 40 and 42 of the raised structure are mounted to bottom side 32 of PCB 22. Body 44 of the raised structure is raised out and away from bottom side 32 of PCB 22.” As shown in FIG. 2A, around 36/34 and parts unnumbered appear to also form connections with the circuit board and act as risers), the first riser and the second riser form branches of a y-shape, and the free end forms a trunk of the y-shape (As shown in FIG. 2A, the risers and the antenna shape appear to make shapes that could be interpreted as a y-shape or an h-shape or similar shaping. As shown in Kashiwagi FIG. 13, the free end 82 would form part of the shape of the antenna contributing to the overall shape), or wherein: the first side extends between a riser of a second set of risers and the free end, and the second side extends between a second riser of the second set of risers to a y-shape defined at least in part by the first set of risers (As shown in FIG. 2A, the risers and the antenna shape appear to make shapes that could be interpreted as a y-shape or an h-shape or similar shaping. As shown in Kashiwagi FIG. 13, the free end 82 would form part of the shape of the antenna contributing to the overall shape).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to shape the antenna including the connections to the circuit board, the length of the antenna and the connection to the other parts of the circuit board, which extend above and around other components of the device, to include the claimed y-shape and h-shape, that result as a matter of a rearrangement of parts as part of a design choice. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice through routine experimentation with reasonable expectation of success.
Regarding claim 2, Moein as modified discloses The sensor control device of claim 1, Moein further discloses wherein the antenna is a low energy antenna (Para. [0173], “In further embodiments, the data processing unit 102 and/or the primary receiver unit 104 and/or the secondary receiver unit 106, and/or the data processing terminal/infusion device 105 may be configured to receive the analyte value wirelessly over a communication link from, for example, a blood glucose meter.” And para. [0181], “antennae 910”; Para. [0167] discussing Bluetooth protocols).
Regarding claim 3, Moein as modified discloses The sensor control device of claim 1, Moein as modified further discloses wherein the plurality of risers comprise four risers (Ghabra FIG. 2A-2E, loop antenna 24 and loop antenna 26, comprising risers 34/36 and 40/42, see [0032] – 0047]).
Regarding claim 4, Moein as modified discloses The sensor control device of claim 3, Moein as modified further discloses wherein two of the four risers are configured to electrically connect the antenna to the printed circuit board (Ghabra FIG. 2A-2E, best shown in FIG. 2C, 40/42 and 34/36 described as traces that connect the antenna to the PCB).
Regarding claim 5, Moein as modified discloses The sensor control device of claim 1, Moein as modified fails to explicitly disclose wherein the antenna is curved around an outer circumference of the battery (Ghabra FIG. 2C, antenna 28 has a curved shape around the battery, see [0038]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to curve the antenna around the outer circumference of the battery as a rearrangement of parts as part of a design choice. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice through routine experimentation with reasonable expectation of success.
Regarding claim 26, Moein as modified discloses The sensor control device of claim 1, Moein further discloses further comprising a connector connected to the printed circuit board and configured to electrically connect the proximal portion of the analyte sensor to the printed circuit board (Para. [0183], “The rivet physically connects analyte sensor 913 to PCB assembly 906 such that electrical contacts 504A and 502B of the reference and working electrodes respectively (See FIG. 7) come into physical and electrical contact with electrical contacts on the top surface of PCB assembly 906.”).
Regarding claim 12, Moein as modified discloses The sensor control device of claim 26, Moein as modified fails to explicitly disclose wherein a first set of risers is located proximate to the connector, and wherein a second set of risers is located proximate to the battery (Ghabra FIG. 2C, antenna 28 has a curved shape around the battery, see [0038] the antenna is designed to go around and above the components).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to include some risers are located by the connector and some by the battery as a rearrangement of parts as part of a design choice. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice through routine experimentation with reasonable expectation of success.
Regarding claim 13, Moein as modified discloses The sensor control device of claim 12, Moein as modified further discloses wherein the second set of risers or the first set of risers is configured to electrically connect the antenna to the printed circuit board (Ghabra FIG. 2A-2E, best shown in FIG. 2C, 40/42 and 34/36 described as traces that connect the antenna to the PCB).
Regarding claim 14, Moein as modified discloses The sensor control device of claim 1, Moein as modified further discloses wherein at least part of the plurality of risers is pre-plated tin over nickel (Moein teaches the use of pre-plated tin over nickel Para. [0064], “the sensor connector, e.g., rivet, may be made from any suitable non-conductive material, e.g, polycarbonate, acrylonitrile-butadiene-styrene (ABS), polycarbonate-acrylonitrile-butadiene-styrene (PC-ABS), polyethylene, and the like. It should be noted that conductive materials as described below may also be used to physically connect an analyte sensor and an electronics unit without electrically connecting the analyte sensor and the electronics unit or sensor control unit. Where the sensor connector is a conductive sensor connector which physically and electrically connects the analyte sensor and the electronics unit or sensor control unit, the conductive sensor connector, e.g., conductive rivet, may be made from any suitable conductive material, e.g., a metallic conductive material (e.g., gold, silver, platinum, aluminum, copper, brass, etc., or tin-plated or gold-plated versions thereof), carbon, or a conductive polymer (e.g., a conductive carbon polymer).” And Para. [0154], “Materials include, but are not limited to, any one or more of aluminum, carbon (including graphite), cobalt, copper, gallium, gold, indium, iridium, iron, lead, magnesium, mercury (as an amalgam), nickel, niobium, osmium, palladium, platinum, rhenium, rhodium, selenium, silicon (e.g., doped polycrystalline silicon), silver, tantalum, tin, titanium, tungsten, uranium, vanadium, zinc, zirconium, mixtures thereof, and alloys, oxides, or metallic compounds of these elements.”).
Regarding claim 17, Moein as modified discloses The sensor control device of claim 26, Moein further discloses wherein the connector comprises at least one of silicone rubber or carbon impregnated polymer ([0064] “conductive carbon polymer”).
Regarding claim 18, Moein as modified discloses The sensor control device of claim 26, Moein further discloses wherein the connector comprises a connector with metal contacts ([0064] “conductive rivet, may be made from any suitable conductive material, e.g., a metallic conductive material (e.g., gold, silver, platinum, aluminum, copper, brass, etc., or tin-plated or gold-plated versions thereof), carbon, or a conductive polymer (e.g., a conductive carbon polymer).”).
Regarding claim 19, Moein as modified discloses The sensor control device of claim 1, Moein as modified fails to explicitly disclose wherein the fixed distance is greater than 1.5 millimeters (However, the dimensions of the antenna and the raised portion are within range as expected to fit within the device).
It would have been obvious to one of ordinary skill in the art, through routine optimization, to determine the optimal fixed distance, including a distance of greater than 1.5 millimeters. Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Since applicant has not disclosed that this limitation solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs. Absent a teaching as to criticality that the fixed distance is greater than 1.5 millimeters this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement.
Regarding claim 20, Moein as modified discloses The sensor control device of claim 1, Moein as modified fails to explicitly disclose wherein the antenna has an unfolded width within a range of 5 millimeters to 15 millimeters.
It would have been obvious to one of ordinary skill in the art, through routine optimization, to determine the optimal fixed distance, including a an unfolded width within a range of 5 millimeters to 15 millimeters. Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Since applicant has not disclosed that this limitation solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs. Absent a teaching as to criticality that the fixed distance is greater than 1.5 millimeters this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement.
Regarding claim 21, Moein as modified discloses The sensor control device of claim 1, Moein fails to explicitly disclose wherein the antenna has an unfolded length within a range of 7 millimeters to 17 millimeters.
It would have been obvious to one of ordinary skill in the art, through routine optimization, to determine the optimal fixed distance, including a an unfolded width within a range of 7 millimeters to 17 millimeters. Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Since applicant has not disclosed that this limitation solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs. Absent a teaching as to criticality that the fixed distance is greater than 1.5 millimeters this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement.
Regarding claim 22, Moein as modified discloses The sensor control device of claim 1, Moein fails to explicitly disclose wherein the antenna has a mass of 0.024 grams.
It would have been obvious to one of ordinary skill in the art, through routine optimization, to determine the optimal fixed distance, including a mass of 0.024 grams. Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Since applicant has not disclosed that this limitation solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs. Absent a teaching as to criticality that the fixed distance is greater than 1.5 millimeters this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement.
Regarding claim 24, Moein as modified discloses The sensor control device of claim 1, Moein further discloses wherein the analyte level comprises a glucose level (Par. [0002], “Examples of such systems may be configured to monitor the level of particular medically significant fluid constituents, such as, for example, cholesterol, ketones, vitamins, proteins, and various metabolites or blood sugars, such as glucose. Diagnosis and management of patients suffering from diabetes mellitus, a disorder of the pancreas where insufficient production of insulin prevents normal regulation of blood sugar levels, generally requires careful monitoring of blood glucose levels on a daily basis.”).
Regarding claim 27, Moein as modified discloses The sensor control device of claim 1, Moein as modified further discloses wherein two or more of the plurality of risers are configured to electrically connect the antenna to the printed circuit board (Ghabra FIG. 2A-2E, best shown in FIG. 2C, 40/42 and 34/36 described as traces that connect the antenna to the PCB).
Regarding claim 28, Moein as modified discloses The sensor control device of claim 1, Moein as modified further discloses wherein a surface formed by a width of the antenna is parallel to a surface of the printed circuit board, such that the surface formed by the width of the antenna is a raised surface relative to the printed circuit board due to the plurality of risers (Kashiwagi: As shown in FIG. 13 and [0092 – 0094], “A main body 33 of the antenna 24 includes a first portion 81 substantially perpendicular to a wearable surface 12 and a second portion 82 substantially parallel to the wearable surface 12, and has a substantially L-shaped cross section. By virtue of this feature, the antenna 24 can effect coupling in a first direction where it faces the first portion 81 and in a second direction in which it faces the second portion 82.”).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Moein in view of Ghabra in further view of Kashiwagi in further view of Love et al. (US 2016/0331232 A1) (“Love”).
Regarding claim 16, Moein as modified discloses The sensor control device of claim 15, Moein as modified fails to disclose further comprising a near field communication antenna embedded within and around a circumference of the printed circuit board.
However, in the same field of endeavor, Love teaches further comprising a near field communication antenna embedded within and around a circumference of the printed circuit board. (Love, FIG. 1-2, see at least [0031], “any near field communication (NFC) protocol, RFID protocol, Bluetooth or Bluetooth Low Energy protocol, Wi-Fi protocol, proprietary protocol, or the like can be used, including those communication protocols in existence as of the date of this filing or their later developed variants.” and [0062], “Electronically coupled to communication circuitry 280 is antenna 215 for sending and receiving commands, responses, and other information to and from sensor control device 102. Relay device circuitry 218 can further include communication circuitry 282 or other electronics for wirelessly communicating with reader device 120. Electronically coupled to communication circuitry 282 is an antenna 222 for sending and receiving commands and responses associated with reader device 120.” Discussing an antenna and a separate NFC antenna for transmitting the analyte level. As mapped above, Moein discloses the antenna around the PCB, see FIG. 23C).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the device as taught by Moein as modified to include further comprising: a near field communication antenna for transmitting the measured analyte level as taught by Love in order to continuously transmit and also with a request, further without requiring a finger stick calibration ([0027], “that can broadcast data from a sensor control device to a reader device continuously without prompting, e.g., automatically according to a broadcast schedule. In vivo analyte monitoring systems also include “Flash Analyte Monitoring” systems (or “Flash Glucose Monitoring” systems or simply “Flash” systems) that can transfer data from a sensor control device in response to a scan or request for data by a reader device, such as with a Near Field Communication (NFC) or Radio Frequency Identification (RFID) protocol. In vivo analyte monitoring systems can also operate without the need for finger stick calibration.”).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Moein in view of Ghabra in further view of Kashiwagi in further view of Li et al. (US 2021/0135346 A1) (“Li”).
Regarding claim 23, Moein as modified teaches The apparatus of claim 1, Moein as modified fails to disclose wherein the printed circuit board comprises FR4 material.
However, in the same field of endeavor, Li teaches wherein the printed circuit board comprises FR4 material (Para. [0019], “In the present embodiment, the substrate 100 may be made of a material of FR-4.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the apparatus as taught by Moein as modified to include wherein the printed circuit board comprises FR4 material as taught by Li in order to have low cost and high yield practicability (Para. [0019], “The FR-4 may have a low manufacture cost and high yield practicability. Therefore, FR-4 may be applied as a material of the substrate.”).
Response to Arguments
Applicant’s arguments with respect to claims 1-5, 12-14, 16-24 and 26-27 have been considered but are moot because the new ground of rejection does not solely rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The amendments have changed the scope of the claims and required new mappings as shown above. The Remarks on Page 8 state that the reason the antenna has the y-shape and h-shape geometries is to position the antenna relative to the other components of the circuit board. As shown above, and in the final rejection dated September 23, 2025, the particular y-shape and h-shape are merely part of a design choice. The argument provided by the Applicant further demonstrates that the shapes are merely part of a design choice, as Applicant is directly stating that the reason for the shape is to design the parts around each other, and the design results in a shape that appears as a y sometimes, as an example, or an h, sometimes, as an example option, as merely a result of the design configuration. Thus, the arguments are not persuasive.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A TOMBERS whose telephone number is (571)272-6851. The examiner can normally be reached on M-TH 7:00-16:00, F 7:00-11:00(Eastern).
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/JOSEPH A TOMBERS/Examiner, Art Unit 3791