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
Receipt is acknowledged of applicant's amendment filed on 10/16/25. Claim 29 is new. Claims 1-2 and 4-29 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) 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:
a self-powered 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 self-powered analyte sensor configured to receive signals generated by the self-powered analyte sensor and to communicate data corresponding to analyte level monitored by the self- powered analyte sensor ([¶37] the sensor transmits the sensor data when powered by a reader device);
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 self-powered 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 self-powered analyte sensor. He teaches a similar sensor that uses a buffering circuit in the on body sensors electronics ([¶63-64]). 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 self-powered 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 self-powered 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 self-powered 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 self- powered 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 self- powered 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 with respect to claim(s) 1-2 and 4-29 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/MICHAEL A CATINA/Examiner, Art Unit 3791 /TSE W CHEN/Supervisory Patent Examiner, Art Unit 3791