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 .
Claim Objections
Claims 7 and 8 are objected to because of the following informalities:
Claim 7 calls for performing a task “when the remaining usable time period… is not left”; this is unclear and redundant, either the usable time is not left, or the remaining usable time is not sufficient/long enough, but it is not clear how remaining usable time could be not left.
Claim 8 calls for “periodically acquiring new calibration information” if a time for requiring a new calibration has been reached; as “periodically” is defined as “at regular intervals of time” (https://www.merriam-webster.com/dictionary/periodically) it is unclear if the intent is to actually call for repeated acquisition of calibration information when the calibration condition is met, or if the term “periodically” has been used to mean something closer to on an as-needed basis, etc. Clarification is required.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 4-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 now calls for “determining whether a time difference between a time point of acquiring the initial calibration information through the initial input interface screen and a current time is within a threshold range”; as defined in the method, “acquiring, by the communication terminal, initial calibration information” takes place directly before transmitting a signal and then evaluating the time difference. It is unclear how or why this involves evaluation of a time difference when the method as presented does not include any sort of delay or pause between the ”current time” and the previous steps of acquiring/transmitting. Clarification is required.
Claim 1 further calls for “calibrating currently received blood glucose information”; it is entirely unclear what the source of this information is, where it comes from, or where it is received. At best, the preamble indicates that the communication terminal is “configured to receive the blood glucose information from the sensor transmitter”, but it is not clear if this includes “currently received” information, or whether this is the active method step of “received” or if the information must first be received by the sensor transmitter in order to allow it to be subsequently received by the communication terminal, none of which are method steps actually recited as being included in the method as claimed. Clarification is required.
Claim 4 refers to “the blood glucose information received from the sensor transmitter”; it is unclear if there is antecedent basis for this limitation as only the preamble refers to receiving blood glucose information from the sensor transmitter, and it is unclear if the received information of the preamble is the same received information as the method step, as noted above. Clarification is required.
Claim 8 calls for “determining whether a set calibration period is reached” and, depending on the result, acquiring new calibration information. Claim 1 calls for acquiring new calibration information based on “a time difference between a time point of acquiring the initial calibration information” and a current time. It is entirely unclear if this is an additional evaluation of whether calibration is needed, or if claim 8 is a redundant recitation of the steps already being performed as part of claim 1.
Claim 10 further calls for “determining whether the new calibration information is needed based on difference [sic] between the time point of acquiring the new calibration information of the calibration information message and the current time” and then, if it “is needed”, “acquires the new calibration information”. It is entirely unclear what is taking place here – the first half appears to be evaluating the necessity of information which has already been gathered and then the second half calls for traveling back in time to acquire that information? This is in addition to being unclear if this is the same “new” information as that of claim 1 or different “new” information. Clarification is required.
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, 4-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Talbot (US 2006/0025663) in view of Wedekind (US 2017/0281060).
Regarding claim 1, Talbot teaches a method for managing calibration information which is used to calibrate blood glucose information between a sensor transmitter configured to be attachable to a part of a body of a user and a communication terminal configured to receive the blood glucose information from the sensor transmitter, the method comprising:
determining whether a time difference between a time point of acquiring initial calibration information through an initial input interface screen and a current time is within a threshold range (paragraph [0095], “calibration will be scheduled at particular intervals”);
if the time difference is within the threshold range, calibrating currently received blood glucose information using the initial calibration information and providing the calibrated blood glucose information to the user through the communication terminal (paragraph [0087], [0125]); and
if the time difference is not within the threshold range, activating a periodic input interface screen on the communication terminal to acquire new calibration information (paragraph [0094], [0110], [0125], [0130]).
Talbot does not explicitly disclose acquiring, by the communication terminal, initial calibration information through the initial input interface screen when communication for transmitting and receiving data between the sensor transmitter and the communication terminal is connected by activating an initial input interface screen on the communication terminal, or, upon acquiring the initial calibration information, generating, by the communication terminal, an initial calibration message including a calibration identifier indicating that initial calibration f the sensor transmitter is completed and transmitting, by the communication terminal, the generated initial calibration message to the sensor transmitter.
Wedekind discloses a method for managing calibration information which is used to calibrate blood glucose information between a sensor transmitter configured to be attachable to a part of a body of a user and a communication terminal configured to receive the blood glucose information from the sensor transmitter (figure 1B), the method comprising:
when communication for transmitting and receiving data between the sensor transmitter and the communication terminal is connected, by activating an initial input interface screen on the communication terminal, acquiring, by the communication terminal, initial calibration information through the initial input interface screen (paragraph [0089]-[0090]); and,
upon acquiring the initial calibration information, generating, by the communication terminal, an initial calibration message including a calibration identifier indicating that initial calibration of the sensor transmitter is completed and transmitting, by the communication terminal, the generated initial calibration message to the sensor transmitter (paragraphs [0089]-[0090]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have followed Talbot and further included acquiring initial calibration information upon connection of the sensor transmitter and communication terminal and generating an message indicating completion of initial calibration, as taught by Wedekind, in order to ensure that the device is ready for use upon connection of the components.
Regarding claim 4, Talbot further discloses:
when connecting the communication between the sensor transmitter and the communication terminal, determining whether the sensor transmitter to be connected with the communication terminal is a sensor transmitter which was previously used (paragraph [0110], [0114], [0124]);
if the sensor transmitter to be connected with the communication terminal is the sensor transmitter which was previously used, receiving, from the sensor transmitter, a calibration information message including the calibration identifier indicating whether the sensor transmitter is calibrated or not (paragraph [0110], [0114], [0124]); and
providing to the user the blood glucose information received from the sensor transmitter based on the calibration information message (paragraph [0125]).
Regarding claim 5, Talbot further discloses that when based on the calibration identifier of the calibration information message the communication terminal determines that the sensor transmitter to be connected with the communication terminal is the sensor transmitter which was previously used and calibration of the sensor transmitter was completed, the communication terminal provides to the user the blood glucose information received from the sensor transmitter immediately after the sensor transmitter is reconnected with the communication terminal (paragraph [0124]-[0125]).
Regarding claim 6, Talbot further discloses:
determining whether the sensor transmitter to be connected with the communication terminal is the sensor transmitter which was previously used by comparing an identifier of the sensor transmitter received from the sensor transmitter to be connected with the communication terminal with an identifier of a sensor transmitter previously registered to the communication terminal (paragraph [0121]), and
determining whether a remaining usable time period of the sensor transmitter to be connected with the communication terminal is left or not based on remaining usable time period information mapped to the identifier of the sensor transmitter (paragraph [0124]-[0125]).
Regarding claim 7, Talbot further discloses that, when the remaining usable time period of the sensor transmitter to be connected with the communication terminal is not left, outputting an alarm message for preventing use of the sensor transmitter on the communication terminal (paragraph [0090], [0092]).
Regarding claim 8, Talbot further discloses:
determining whether a set calibration period is reached or not (paragraph [0114], [0119], [0125]);
if the calibration period is reached, activating a periodic input interface screen on the communication terminal and periodically acquiring new calibration information through the periodic input interface screen (paragraph [0114], [0119], [0125], [0130]); and
if the new calibration information is acquired, transmitting, to the sensor transmitter, a periodic calibration message comprising the calibration identifier, a time point of acquiring the new calibration information, and the new calibration information (paragraph [0114], [0119], [0125], [0130).
Regarding claim 9, Talbot further discloses that the calibration information message comprises the calibration identifier, the time point of acquiring the new calibration information, and the new calibration information (paragraph [0119], [0125], [0130]).
Regarding claim 10, Talbot further discloses determining whether the new calibration information is needed based on difference between the time point of acquiring the new calibration information of the calibration information message and a current time,
wherein when the new calibration information is needed, the communication terminal activates the periodic input interface screen on the communication terminal and acquires the new calibration information through the periodic input interface screen (paragraph [0114], [0119], [0125], [0130]).
Response to Arguments
Applicant's arguments filed 29 June 2026 have been fully considered but they are not persuasive.
Regarding the rejections under 112, Applicant asserts that the amendments have resolved all pending issues; though the content and form of the claims has been greatly improved, they still contain numerous issues, as noted above.
Regarding the art rejections, the Examiner notes that Talbot has been previously applied against significantly different versions of the claims; Applicant’s remarks of 5 May 2025 do not address any specific limitations in the now pending claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2014/0012511 to Mensinger, US 2009/0033482 to Hayter, and US 2005/0038332 to Saidara
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREN E TOTH whose telephone number is (571)272-6824. The examiner can normally be reached Mon - Fri 9a-6p.
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/KAREN E TOTH/ Examiner, Art Unit 3791
/JENNIFER ROBERTSON/ Supervisory Patent Examiner, Art Unit 3791
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