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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/2/26 has been entered.
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) 1, 2 and 4-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thomas et al. US 2010/0198034 in view of He et al. US 2009/0171178.
Regarding claims 1, 14 and 22, Thomas discloses an analyte monitoring device, comprising:
an analyte sensor configured to generate signal associated with a monitored analyte level, wherein the monitored analyte level is one or more of a glucose level or a lactate level ([¶121] the sensor may have a power source or be self-powered. [¶34,53,54] glucose is detected); and
sensor electronics operatively coupled to the analyte sensor configured to receive signals generated by the analyte sensor and to communicate data corresponding to analyte level monitored by the analyte sensor ([¶37] the sensor transmits the sensor data when powered by a reader device) wherein the sensor electronics includes a power source configured to provide power to the sensor electronics based on the signals associated with the monitored analyte level ([¶38,51,121] the sensor powers itself and can continuously transmit monitored data or collect the measurements and store them when inactive, or not powered by the reader device, and then send them when the reader device is in communication with the sensor. Thomas does not explicitly disclose that the power for the electronics is based on the signals associated with the analyte level in that the analyte reading reaction powers the electronics but the claim only requires it be configured to. Thomas does disclose that the sensor provides low level voltage to power its readings and He teaches using a capacitor to store charge for powering the electronics)
a radio frequency identification device (RFID) circuit operatively coupled to the buffering circuit and configured to communicate data corresponding to the generated signals associated with the monitored analyte level ([¶785,108,115-117] RF or RFID communication is used to power the sensor and to turn on the sensor electronics for communication)
wherein the sensor electronics transitions from an inactive state to an active state when powered by a remote power source and upon receipt of a query signal from the remote power source, wherein the analyte sensor is configured to generate the signals when in contact with the interstitial fluid and when the sensor electronics is in the inactive state ([¶60,61,68] the sensor takes and stores readings when it is not powered by an outside source and then transmits those stored readings when it is powered by the reader device), and in response to the query signal, communicates data corresponding to the generated signals associated with the monitored analyte level to the remote power source ([¶37] the radio receiver automatically initiates communication from the sensor).
Thomas discloses using a buffering circuit ([¶116] buffer 705) in the electronics of the reader device but does not specifically disclose the sensor electronics includes a buffering circuit operatively coupled to the analyte sensor. He teaches a similar sensor that uses a buffering circuit in the on body sensors electronics that is configured to maintain accuracy of the signals received from the analyte sensor ([¶63-64] the buffer can filter signals which maintains integrity and accuracy). 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 Thomas with the teachings of He in order to further filter the data before transmission ([¶63]).
Regarding claim 2, Thomas discloses the analyte sensor is configured to continuously generate the signals corresponding to the monitored analyte level when in fluid contact with interstitial fluid ([¶38,51] the sensor can continuously transmit monitored data or collect the measurements and store them when inactive, or not powered by the reader device, and then send them when the reader device is in communication with the sensor).
Regarding claims 10, 18 and 25, Thomas discloses the analyte sensor is configured to generate the signals associated with the monitored analyte level when in contact with the interstitial fluid and when the sensor electronics is in the inactive state ([¶51,60,61,68] the sensor takes and stores readings that are then only transmitted when the electronics are activated by the reader device).
Regarding claim 4, Thomas discloses the sensor electronics are not operational when in the inactive state ([¶52,68,78,102] the device can be configured such that the electronics are only active on demand when the reader device is within range to transmit power).
Regarding claim 5, He teaches the sensor electronics includes a buffering circuit configured to receive the generated signals from the analyte sensor ([¶63-64]).
Regarding claim 6, Thomas discloses the sensor electronics includes a radio frequency identification device (RFID) circuit operatively coupled to the buffering circuit and configured to communicate the data corresponding to the generated signals associated with the monitored analyte level ([¶75,108,115-117] an RFID may be used in the communication circuitry and a buffer is also used).
Regarding claims 7, 15 and 23, Thomas discloses a housing enclosing the analyte sensor and the sensor electronics, wherein the housing is sealed to inhibit moisture from entering the housing ([¶111] the assembly may be water tight).
Regarding claims 8 and 16, Thomas discloses the query signal includes an RFID signal ([¶75] RFID circuitry and communication can be used).
Regarding claims 9, 17 and 24, Thomas discloses the sensor electronics transitions from the active state to the inactive state when the sensor electronics is not within the range of the remote power source ([¶52,68,78,102] the device can be configured such that the electronics are only active on demand when the reader device is within range to transmit power).
Regarding claims 11 and 19, Thomas discloses comprising a housing enclosing the analyte sensor and the sensor electronics, the housing including one or more mechanical components for physically detachably engaging with a remote device ([¶112,144,154][FIG17] the remote device has a portion that engages the sensor to provide power).
Regarding claims 12 and 20, Thomas discloses the remote device includes the remote power source ([¶112,144,154][FIG17] battery and power circuit, the electronics assembly itself can be detachable).
Regarding claims 13 and 21, Thomas discloses the one or more mechanical components includes one or more of a releasable latch, a releasable arm, or a releasable lock ([¶144,154][FIG17] 1710).
Regarding claim 26-28, Thomas discloses the sensor electronics are configured to periodically communicate the data corresponding to the signals associated with the monitored analyte level in response to receiving, at a predetermined time interval, the query signal from the remote power source ([¶82,86] the device can transmit on demand based on signals from the reader).
Regarding claim 29, He teaches the sensor electronics further comprises communication circuitry, and wherein the buffering circuit is configured to isolate the self-powered analyte sensor from communication circuitry ([FIG.8] the buffer circuit is in between the sensor and transmission circuitry so it isolates the sensor from the transmission circuitry).
Response to Arguments
Applicant's arguments filed 6/2/26 have been fully considered but they are not persuasive.
Regarding Applicant’s argument that the references do not teach sensor electronics that include “a power source configured to provide power to the sensor electronics based on the signals associated with the monitored analyte sensor,” Examiner respectfully disagrees. Thomas specifically discloses in ¶121 that the sensor of the figures described above, so any of FIGs 1-6 can have a power supply or include a self-powered analyte sensor. Thomas then further states that only the embodiment with the on board power supply, as opposed to the self-power sensor, receives power from an external RF reader. It would generally be assumed from this that the self-power sensor has enough voltage to run the on board electronics if not being powered externally. A proper reading of a prior art reference must “Take account of the inferences and creative steps that a person of ordinary skill in the art would employ.” KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007). Additionally, Feldman 2010/0213057 teaches that the sensor can generate enough voltage to power low-power components and changing the physical dimensions of the sensor can output power in the 1 volt range ([¶35,39]). He also teaches a power storage unit for accumulating charge to power the sensor electronics ([¶81]) which could collect power from the sensor reaction.
Regarding Applicant’s arguments that the references do not teach the buffering circuit “configured to maintain accuracy of the signals received from the analyte sensor,” Examiner respectfully disagrees. He teaches a buffer that filters and filtering maintains the accuracy of data.
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 CHEN/Supervisory Patent Examiner, Art Unit 3791
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