DETAILED ACTION
Applicant’s arguments, filed 11/25/2025 and 12/06/2025, have been fully considered. Applicant has canceled claim 13.
Claims 1, 3-5, 9, 11-12, 14, 16, and 18 are the current claims hereby under examination.
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 .
Allowable Subject Matter
The indicated allowability of claims 1, 3-5, 9, 11-12, 14, 16, and 18 are withdrawn in view of the newly discovered reference to Palikaras. Rejections based on the newly cited reference(s) follow.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3-5, 9, 11-12, 14, and 16 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Palikaras (US 20160361002).
Regarding claim 1, Palikaras teaches an apparatus for measurement of diabetes factors consisting of:
a host device including a miniature millimeter wave generator, a millimeter wave detection circuit (Paragraph 0132; Paragraph 0118), a microcontroller (Figs. 14A-B, PCB 1401/1410), and a power supply for supplying power to the host device (Figs. 14A-B, battery 1407);
a display device (Fig. 13); and
a sample preparation device configured to receive a saliva sample directly and non-invasively obtained from a human body (Paragraph 0128, “a sensor system comprising a sensor 1303 that measures transmission through a sample under test (SUT)”; Paragraph 0051, saliva);
wherein the host device is electrically or wirelessly coupled to the display device and the sample preparation device (Fig. 13), the miniature millimeter wave generator is adapted for generating a millimeter wave signal with frequency 60 GHz to scan the saliva sample (Paragraph 0116-0118),
the millimeter wave detection circuit electrically coupled to the miniature millimeter wave generator, for detecting a reflection millimeter wave signal from the saliva sample (Paragraph 0132), and
the microcontroller electrically coupled to the millimeter wave detection circuit for comparing the reflection millimeter wave signal and a standard characteristic curve to get a diabetes factor result (Figs. 21-23; Paragraphs 0147-0149).
Regarding claim 3, Palikaras further teaches wherein the saliva sample is a human body fluid directly and non-invasively obtained from a tester's mouth (Paragraph 0051, saliva; Examiner notes that obtaining a saliva sample would inherently mean it is non-invasively obtained).
Regarding claim 4, Palikaras further teaches wherein the diabetes factor result includes an insulin concentration or a glucose concentration of the saliva sample (Fig. 21 and paragraph 0147).
Regarding claim 5, Palikaras further teaches wherein the display device is electrically or wirelessly coupled to the microcontroller for displaying measurement and analysis of the diabetes factor results (Paragraph 0112, “Optionally, the glucose readings are displayed within seconds on the device or they can be transmitted via Bluetooth to a mobile app, where the patient can manage the data and receive alerts. Further optionally, the data are then securely uploaded to an encrypted cloud-based historical record system, available to the patient or a doctor”; Fig. 13).
Regarding claim 9, Palikaras further teaches wherein the miniature millimeter wave generator is installed on a chip of integrated circuits, or embedded in a packaged chip of integrated circuits (Paragraph 0134).
Regarding claim 11, Palikaras further teaches wherein the display device includes complete graphics display systems, portable electronics, laptop and desktop computers, television/video systems, liquid crystal displays, subtractive displays, plasma panel displays, electro-luminescence (EL) displays, electrophoretic displays, field emitter displays, discrete light emitting diode displays, organic light emitting diodes (OLEDs) displays, projectors, cathode ray tube (CRT) displays, or combinations thereof (Fig. 13; Fig. 14, display 1408; Paragraph 0112).
Regarding claim 12, Palikaras further teaches a method for measurement of diabetes factors using the apparatus for measurement of diabetes factors according to claim 1, consisting of the steps of:
acquiring the saliva sample directly and non-invasively obtained from the human body (Paragraph 0128, “a sensor system comprising a sensor 1303 that measures transmission through a sample under test (SUT)”; Paragraph 0051, saliva; Examiner notes that obtaining a saliva sample would inherently mean it is non-invasively obtained);
starting the miniature millimeter wave generator to generate the millimeter wave signal with frequency 60 GHz (Paragraph 0116-0118);
sending the millimeter wave signal from the miniature millimeter wave generator to the saliva sample as a scanning signal to scan the saliva sample (Paragraph 0128);
collecting the reflection millimeter wave signal reflected by the saliva sample after scanning the saliva sample;
comparing the standard characteristic curve with the collected reflection millimeter wave signal to obtain the diabetes factor result corresponding to the saliva sample (Figs. 21-23; Paragraphs 0147-0149); and
outputting and displaying the diabetes factor result of the saliva sample by the display device (Paragraph 0112, “Optionally, the glucose readings are displayed within seconds on the device or they can be transmitted via Bluetooth to a mobile app, where the patient can manage the data and receive alerts. Further optionally, the data are then securely uploaded to an encrypted cloud-based historical record system, available to the patient or a doctor”; Fig. 13).
Regarding claim 14, Palikaras further teaches wherein the standard characteristic curve is provided by taking a plurality of measurements of the diabetes factors of a plurality of standard saliva samples with known diabetes factor results depicted on a horizontal axis, and corresponding reflection millimeter wave signals from the plurality of standard saliva samples depicted on a vertical axis, wherein the diabetes factor results include an insulin concentration or a glucose concentration of the saliva sample (Fig. 21 and paragraph 0147).
Regarding claim 16, Palikaras further teaches a system for measurement of diabetes factors consisting of:
an apparatus for measurement of diabetes factors, consisting of:
a host device including a miniature millimeter wave generator, a millimeter wave detection circuit, (Paragraph 0132; Paragraph 0118), a microcontroller (Figs. 14A-B, PCB 1401/1410), and a power supply for supplying power to the host device (Figs. 14A-B, battery 1407);
a sample preparation device configured to receive a saliva sample directly and non-invasively obtained from a human body (Paragraph 0128, “a sensor system comprising a sensor 1303 that measures transmission through a sample under test (SUT)”; Paragraph 0051, saliva);
wherein the host device is electrically or wirelessly coupled to the display device and the sample preparation device (Fig. 13), the miniature millimeter wave generator is adapted for generating a millimeter wave signal with frequency 60 GHz to scan the saliva sample (Paragraph 0116-0118),
the millimeter wave detection circuit electrically coupled to the miniature millimeter wave generator, for detecting a reflection millimeter wave signal from the saliva sample(Paragraph 0132), and
the microcontroller electrically coupled to the millimeter wave detection circuit for comparing the reflection millimeter wave signal and a standard characteristic curve to get a diabetes factor result (Figs. 21-23; Paragraphs 0147-0149).
a communication device wirelessly connected with the apparatus for measurement of diabetes factors (Fig. 13), and a network server wirelessly connected with the communication device and the apparatus for measurement of diabetes factors (Paragraph 0112, “Optionally, the glucose readings are displayed within seconds on the device or they can be transmitted via Bluetooth to a mobile app, where the patient can manage the data and receive alerts. Further optionally, the data are then securely uploaded to an encrypted cloud-based historical record system, available to the patient or a doctor”).
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.
The factual inquiries 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.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Palikaras as applied to claim 16 above, and further in view of Pikov (US 20160051171 – previously cited).
Regarding claim 18, while Palikaras teaches a sensor comprising transmitters and receivers for generating and receiving a millimeter wave (Paragraphs 0129-0130), Palikaras fails to explicitly teach wherein the circuit is arranged in a matrix pattern and enclosed in a compact hardware transceiver chip.
However, Pikov teaches a delivery device for measuring glucose concentration in blood wherein the device comprises receiver and transceiver chips arranged on the ends of a PCB (Paragraph 0057). There are a finite number of identified, predictable ways to arrange transmitter/receivers. One of ordinary skill in the art could have pursued arranging the transmitters/receivers in a “matrix pattern” to a device for measuring glucose with a reasonable expectation of success in measuring glucose in a bodily fluid, since a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Palikaras to incorporate the teachings of Pikov.
Response to Arguments
Applicant’s arguments, see page 7, filed 11/25/2025, with respect to the claim objections have been fully considered and are persuasive. Applicant amended the claims per Examiner’s suggestion. The objection of the claims has been withdrawn.
Applicant’s arguments, see page 7, filed 11/25/2025, with respect to the 35 U.S.C. §112(d) rejections have been fully considered and are persuasive. Applicant has canceled claim 13. The rejection of the claims has been withdrawn.
Conclusion
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/NOAH M HEALY/Examiner, Art Unit 3791
/RENE T TOWA/Primary Examiner, Art Unit 3791