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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 3, 2026 has been entered.
Response to Amendment
In response to amendments, filed March 3, 2026, claims 1-2, 7, 11, and 14-16 have been amended. Claims 8, 17, and 20 have been cancelled. Claims 21-23 have been added. Claims 1-7, 9-16, 18-19, and 21-23 are pending.
Response to Arguments
Applicant’s arguments, see Remarks, filed March 3, 2026, with respect to the prior art rejections have been fully considered but they are not persuasive.
In response to Applicant’s argument that Wedekind fails to teach “the second remote device comprising one or more processors coupled with memory, the memory comprising information on active sensor control devices,” Examiner respectfully disagrees. As described in Wedekind [0115] and shown Fig. 4A, any one or multiple of the Display Devices 20A-N contain a controller 401, memory 402, data storage 406, signal processor 408 that enable the methods and functionality of the disclosure. Wedekind describes the memory comprising information on active sensor control devices in [0064], being software either downloaded or preprogrammed by the manufacturer that provides instructions on how to query to obtain and display sensor information from an active sensor device.
In response to Applicant’s argument that Wedekind fails to teach “establishing a second wireless communication link between the sensor control device and the second remote device using the sensor context information and information on active sensor control devices according to the second wireless communication protocol,” Examiner respectfully disagrees. Wedekind does teach the second wireless communication link is established using sensor context information transferred from a first remote device that is then stored in the second remote device, together with information on active sensor control devices stored in the memory of the second remote device -- [0064] describes the software on a second remote device (either downloaded or preprogrammed by the manufacturer) that provides instructions on how to query to obtain and display sensor information from an active sensor device, and [0101] describes the pairing information for the sensor electronics unit being shared with the second remote device via a first remote device.
All pending claims 1-7, 9-16, 18-19, and 21-23 are anticipated by or unpatentable over combinations of Wedekind and Sloan.
Claim Objections
Claims 1 and 11 are objected to because of the following informalities:
Claim 1 – “processoers” should be “processo[[e]]rs”
Claim 11 – “second remote device to: establishing” should be “second remote device to: establish
Appropriate correction is required.
Claim Rejections - 35 USC § 112b
Claims 1,11, and 21 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.
It is unclear whether the claim 1 limitation "information on active sensor control devices” is referring to information on the previously recited activated sensor control device or general activated sensor control devices.
Claims 11 and 21 recite the limitation "the first application.” There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 112d
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 5 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 1, from which claim 5 depends, already recites “transmitting sensor context information, by the first application on the first remote device, to a second remote device.” Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7, 9-12, 14-16, 18-19, and 21-23 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wedekind (US 20200008721 A1).
Regarding claim 1, Wedekind teaches a method of wirelessly communicating data in an analyte monitoring system ([0002] systems and methods for communications between a sensor electronics unit and a display device of an analyte monitoring system), the method comprising:
causing, by a first application on a first remote device, activation of a sensor control device by using a first wireless communication protocol ([0011] after the sensor electronics unit wakes, it can pair and communicate using the first communication protocol with the display device that was used to wake the sensor electronics unit. Similarly, the second communication protocol can be used to change the mode of operation of the sensor electronics unit, such as changing it to shelf mode, idle mode, low power mode, normal mode, high speed mode, and/or any mode that may be desirable for the sensor electronics unit. [0064] display devices may comprise software including display instructions (e.g., software programming comprising instructions configured to display the sensor information and optionally query the sensor electronics unit to obtain the sensor information) configured to enable display of the sensor information thereon.);
transmitting sensor context information, by the first application on the first remote device, to a second remote device, to enable the second remote device to establish wireless communication with the sensor control device ([0101] Over Communication Channel 259, Display Devices 20A,C can utilize any communication protocol described in this disclosure… Display Devices 20A,C can transmit data [e.g., estimated blood glucose levels, pairing information, information about a Sensor Electronics Unit 6, calibration information, timing information [e.g., time synchronizations, EGV data with time stamps, etc.], raw sensor data, system status information, detected faults, alerts, clocking information, device manufacturing ID, and/or any other data and/or information described in this disclosure], commands/requests [e.g., data requests, synchronization requests, pairing requests], etc. to one another… a user may want to use Display Device 20C and uses Display Device 20A to send over the pairing information; Fig. 2B);
the second remote device comprising one or more processoers coupled with memory, the memory comprising information on active sensor control devices (Controller 401, memory 402, data storage 406, signal processor 408; [0115] FIG. 4A illustrates a functional block diagram of example Display Device 20. As previously mentioned, Display Device 20, as used throughout this disclosure, represents any one of Display Devices 20A-N. In some implementations, Display Device 20 can be configured to perform the example processes, methods, and/or systems, and/or substantially similarly processes, methods, and/or systems described with reference to display devices throughout this disclosure. [0064] some display devices may comprise software including display instructions (e.g., software programming comprising instructions configured to display the sensor information and optionally query the sensor electronics unit to obtain the sensor information) configured to enable display of the sensor information thereon. In some implementations, the display device is programmed with the display instructions at the manufacturer and can include security and/or authentication to avoid plagiarism of the display device. In some implementations, a display device is configured to display the sensor information via a downloadable program (e.g., a downloadable Java Script via the internet and/or a mobile application downloaded from an entity that created and/or owns and/or licenses the app, and/or an app store such as from APPLE, INC. or GOOGLE INC., or other companies), such that any display device that supports downloading of a program (for example, and without limitation, any display device that supports Java applets or the mobile application) can be configured to display displayable sensor information (e.g., mobile devices, smartphones, tablets, personal digital assistants, personal computers, and the like).); and
establishing a second wireless communication link between the sensor control device and the second remote device using the sensor context information and information on active sensor control devices according to the second wireless communication protocol (Fig. 2B, Communication Channel 259; [0064] display devices may comprise software including display instructions (e.g., software programming comprising instructions configured to display the sensor information and optionally query the sensor electronics unit to obtain the sensor information) … the display device is programmed with the display instructions at the manufacturer … a display device is configured to display the sensor information via a downloadable program; [0101] Over Communication Channel 259, Display Devices 20A,C can utilize any communication protocol described in this disclosure. By way of illustrative example, and without limitation, Display Devices 20A,C can communicate with each other using an RF field such as NFC or RFID. For example, using NFC or RFID, Display Devices 20A,C can transmit data (e.g., estimated blood glucose levels, pairing information, information about a Sensor Electronics Unit 6, calibration information, timing information (e.g., time synchronizations, EGV data with time stamps, etc.), raw sensor data, system status information, detected faults, alerts, clocking information, device manufacturing ID, and/or any other data and/or information described in this disclosure), commands/requests (e.g., data requests, synchronization requests, pairing requests), etc. to one another. In some cases, information about Sensor Electronics Unit 6 can be transmitted to allow one of Display Devices 20A,C to facilitate pairing of the other of Display Devices 20A,C to Sensor Electronics Unit 6. This information can be used to allow the other of Display Devices 20A,C to pair with Sensor Electronics Unit 6 using another communication protocol, such as a communication utilizing radio transmission, including BLUETOOTH®. For example, and without limitation, pairing information can be sent directly between Display Devices 20A, C or via a server (e.g., a network, cloud, etc.). By way of illustration, and without limitation, a user can pair Display Device 20A with Sensor Electronics Unit 6. Subsequently, the pairing information (e.g., timing information, encryption key, authentication information, advertising parameters, address, make/model, name, GAP, IRK, and/or any other relevant information for pairing) of Sensor Electronics Unit 6 can be sent to Display Device 20C from Display Device 20A directly).
Regarding claim 2, Wedekind teaches the method of claim 21, further comprising transmitting, by the sensor control device, a second set of sensor data to the second remote device via the second wireless communication link ([0091] In Block 66, the Sensor Electronics Unit 6 can connect to the one or more Display Devices 20A-N and transmit/receive communications in a transmission cycle, where Sensor Electronics Unit 6 sends relevant data [e.g., analyte data] to the one or more Display Devices 20A-N. [0100] Communication Channels 106A-N each can use a first communication protocol, such as a radio transmission like BLUETOOTH®, and Communication Channels 108A-N can each use a second, different communication protocol, such as an RF field like NFC or RFID). [0135] In some implementations, only a subset of multiple display devices (e.g., Display Device 20A-N) can be configured to receive different data such as glucose measurement values and/or alarm conditions. … In other implementations, Sensor Electronics Unit 6 can be pre-programmed with preference or profile information, which can be accessed to determine what type(s) of data are to be sent to what display device(s)).
Regarding claim 3, Wedekind teaches the method of claim 1, wherein causing activation of the sensor control device further comprises causing the sensor control device to autonomously transmit data according to the second wireless communication protocol (Fig. 1B; [0089] In Block 62, the Sensor Electronics Unit 6 can pair with one or more Display Devices 20A-N; [0091] In Block 66, the Sensor Electronics Unit 6 can connect to the one or more Display Devices 20A-N and transmit/receive communications in a transmission cycle, where Sensor Electronics Unit 6 sends relevant data [e.g., analyte data] to the one or more Display Devices 20A-N. [0066] one or more display devices are configured to query the sensor electronics unit for sensor information, where the display device requests sensor information from the sensor electronics unit in an on-demand fashion, such as, without limitation, in response to a query. In some implementations, the sensor electronics unit can be configured for periodic, systematic, regular, irregular or aperiodic transmission of sensor information to one or more display devices (e.g., every 1, 2, 5, or 10 minutes or more); [0097] Communication Channel 106 can utilize RF fields, such as, without limitation, NFC or RFID. Communication Channel 108 can utilize radio transmission, such BLUETOOTH®. In the case where Communication Channel 106 is NFC or and Communication Channel 108 is BLUETOOTH®, NFC or RFID can provide some advantages over BLUETOOTH®, including, without limitation, having little interference in crowds, ease of use, automatic pairing when in proximity, lower power usage, and others. Similarly, BLUETOOTH® can have advantages over NFC or RFID such as high speed of data transmission, increased range, autonomous communications with multiple different devices, automatically scheduled transmissions and others. [0134] After an inactive time or period T.sub.Inactive, a second wireless Communication Session 420 can start when the Communicators 305 of Sensor Electronics Unit 6 powers up again, begins transmitting a second series of Advertisement Signals 422, engages in a second data Connection Process 424 and a second data Communication Process 426 with the Communicators 405 of Display Device 20 as shown in FIG. 4B. Unlike the first data Connection Process 414, however, the second data Connection Process 424 need not involve an authentication procedure because the Sensor Electronics Unit 6 and the Display Device 20 have been successfully paired or bonded during the first wireless Communication Session 410 as described above.).
Regarding claim 4, Wedekind teaches the method of claim 3, wherein causing activation of the sensor control device further comprises causing the sensor control device to autonomously transmit data according at a predetermined transmission rate (Fig. 1B; [0089] In Block 62, the Sensor Electronics Unit 6 can pair with one or more Display Devices 20A-N; [0091] In Block 66, the Sensor Electronics Unit 6 can connect to the one or more Display Devices 20A-N and transmit/receive communications in a transmission cycle, where Sensor Electronics Unit 6 sends relevant data [e.g., analyte data] to the one or more Display Devices 20A-N. As an example illustration, and without limitation, the Sensor Electronics Unit 6 and the Display Devices 20A-N can be connected during the transmission cycle using the following procedures. The Sensor Electronics Unit 6 can periodically advertise at predetermined time intervals, such as every 5, 10, 15, and/or any number of minutes as desired. The advertisement window can be anywhere from 7 seconds to 22 seconds. [0066] one or more display devices are configured to query the sensor electronics unit for sensor information, where the display device requests sensor information from the sensor electronics unit in an on-demand fashion, such as, without limitation, in response to a query. In some implementations, the sensor electronics unit can be configured for periodic, systematic, regular, irregular or aperiodic transmission of sensor information to one or more display devices (e.g., every 1, 2, 5, or 10 minutes or more)).
Regarding claim 5, Wedekind teaches the method of claim 1, wherein transmitting sensor context information to the second remote device is performed by the first remote device ([0101] a user can pair Display Device 20A with Sensor Electronics Unit 6. Subsequently, the pairing information [e.g., timing information, encryption key, authentication information, advertising parameters, address, make/model, name, GAP, IRK, and/or any other relevant information for pairing] of Sensor Electronics Unit 6 can be sent to Display Device 20C from Display Device 20A directly; Communication Channel 259).
Regarding claim 6, Wedekind teaches the method of claim 1, wherein transmitting sensor context information to the second remote device is performed by the sensor control device ([0089] In Block 62, the Sensor Electronics Unit 6 can pair with one or more Display Devices 20A-N. In order to pair with display devices, the Sensor Electronics Unit 6 can first advertise [e.g., broadcasting to display devices for connection] to pair with display devices... Any Display Devices 20A-N receiving the advertisement can send a connection request to the sensor electronics device 6. The Sensor Electronics Unit 6 and the Display Devices 20A-N can then proceed with the appropriate steps to pair using the communication protocol used [e.g., authentication, connection, encryption/decryption, exchanging data, etc.]).
Regarding claim 7, Wedekind teaches the method of claim 1, wherein the first remote device comprises a first smartphone (Display Device 20C; [0068] a plurality of display devices [e.g., a custom analyte monitoring device, a mobile phone, a tablet, a smart watch, a reference analyte monitor, a medicament delivery device, a medical device and a personal computer] may be configured to wirelessly communicate with the sensor electronics unit), and wherein the second remote device comprises a second smartphone ([0077] Display Devices 20A-E can run a software application, such as a mobile application (e.g., a mobile application downloaded from an entity that created and/or owns and/or licenses the app, and/or an app store such as from APPLE, INC. or GOOGLE INC., or other), also referred to as an app, that performs the functionality and/or has the structure described throughout this disclosure. [0079] FIG. 2A, Continuous Analyte Monitoring System 1 can have any number of Display Devices 20A-N. [0150] For example, and without limitation, if a user is using a receiver, but then wants to use a smart phone and leave the receiver elsewhere, the user may desire to quickly add the smart phone to the white list).
Regarding claim 9, Wedekind teaches the method of claim 1, wherein the first wireless communication protocol comprises a Near Field Communication (NFC) protocol ([0008] A second communication protocol can utilize a radio frequency [“RF”] field, such as near field communication [“NFC”] or radio frequency identification [“RFID”]. NFC can be an RF field with a 13.56 MHz frequency).
Regarding claim 10, Wedekind teaches the method of claim 1, wherein the second wireless communication protocol comprises a standard communication protocol ([0008] a first communication protocol can utilize radio transmission, such as BLUETOOTH®, or Bluetooth Low Energy [BLE] wireless communication protocol, which uses a radio transmission frequency range 2.4 to 2.485 GHz).
Regarding claim 11, Wedekind teaches an analyte monitoring system ([0002] systems and methods for communications between a sensor electronics unit and a display device of an analyte monitoring system), comprising:
a sensor control device (Sensor Electronics Unit 6) comprising:
first communication circuitry configured to communicate data according to a first wireless communication protocol, second communication circuitry configured to communicate data according to a second wireless communication protocol ([0107] Communicators 305 can utilize a communication protocol configured to send and/or receive data over communication channels. For example, and without limitation, such communication protocols can include BLUETOOTH®, IBEACON®, ZIGBEE®, Wi-Fi, induction wireless data transmission, radio frequencies, radio transmission, RF fields, RFID, NFC, GSM, infrared, Ethernet cables, coaxial cables, USB, firewire, data lines, wire, and/or any wired and/or wireless connection known in the art. For example, and without limitation, Communicators 305 can include an antenna, inductor, signal line, ground line, and/or any other electronics used for sending/receiving data. In the case of NFC, RFID, and/or substantially similar technologies, Communicators 305 can include readers, writers, and/or tags; Communication channels 106 and 108; Fig. 3), and
an analyte sensor at least a portion of which is configured to be in fluid contact with a bodily fluid of a subject ([0083] Continuous Analyte Sensor 8 can be, for example and without limitation, a subcutaneous, transdermal [e.g., transcutaneous], or intravascular device);
a first remote device (display device 20A, Fig. 2B, Fig. 4A), comprising:
wireless communication circuitry of the first remote device, one or more processors of the first remote device coupled with a memory of a first remote device, the memory of the first remote device storing instructions that, when executed by the one or more processors of the first remote device (communicators 405, controller 401, memory 402, data storage 406, signal processor 408; [0116] Controller 401 can perform logical and arithmetic operations based on program instructions stored within Memory 402. Controller 401 can include one or more processors [e.g., microprocessors] and other peripherals), cause the one or more processors of the first remote device to:
activate the sensor control device using the first wireless communication protocol ([0011] after the sensor electronics unit wakes, it can pair and communicate using the first communication protocol with the display device that was used to wake the sensor electronics unit. Similarly, the second communication protocol can be used to change the mode of operation of the sensor electronics unit, such as changing it to shelf mode, idle mode, low power mode, normal mode, high speed mode, and/or any mode that may be desirable for the sensor electronics unit.), and
transmit sensor context information from the first application to a second remote device, to enable the second remote device to establish wireless communication with the sensor control device ([0101] Over Communication Channel 259, Display Devices 20A,C can utilize any communication protocol described in this disclosure. By way of illustrative example, and without limitation, Display Devices 20A,C can communicate with each other using an RF field such as NFC or RFID. For example, using NFC or RFID, Display Devices 20A,C can transmit data [e.g., estimated blood glucose levels, pairing information, information about a Sensor Electronics Unit 6, calibration information, timing information [e.g., time synchronizations, EGV data with time stamps, etc.], raw sensor data, system status information, detected faults, alerts, clocking information, device manufacturing ID, and/or any other data and/or information described in this disclosure], commands/requests [e.g., data requests, synchronization requests, pairing requests], etc. to one another… a user may want to use Display Device 20C and uses Display Device 20A to send over the pairing information.; Fig. 2B), and
the second remote device (display device 20C, Fig. 2B, Fig. 4A), comprising:
wireless communication circuitry of the second remote device, one or more processors of the second remote device coupled with a memory of the second remote device, the memory of the second remote device comprising information on active sensor control devices and storing instructions that (Controller 401, memory 402, data storage 406, signal processor 408; [0115] FIG. 4A illustrates a functional block diagram of example Display Device 20. As previously mentioned, Display Device 20, as used throughout this disclosure, represents any one of Display Devices 20A-N. In some implementations, Display Device 20 can be configured to perform the example processes, methods, and/or systems, and/or substantially similarly processes, methods, and/or systems described with reference to display devices throughout this disclosure. [0064] some display devices may comprise software including display instructions (e.g., software programming comprising instructions configured to display the sensor information and optionally query the sensor electronics unit to obtain the sensor information) configured to enable display of the sensor information thereon. In some implementations, the display device is programmed with the display instructions at the manufacturer and can include security and/or authentication to avoid plagiarism of the display device. In some implementations, a display device is configured to display the sensor information via a downloadable program (e.g., a downloadable Java Script via the internet and/or a mobile application downloaded from an entity that created and/or owns and/or licenses the app, and/or an app store such as from APPLE, INC. or GOOGLE INC., or other companies), such that any display device that supports downloading of a program (for example, and without limitation, any display device that supports Java applets or the mobile application) can be configured to display displayable sensor information (e.g., mobile devices, smartphones, tablets, personal digital assistants, personal computers, and the like).), when executed by the one or more processors of the second remote device ([0116] Controller 401 can perform logical and arithmetic operations based on program instructions stored within Memory 402. Controller 401 can include one or more processors [e.g., microprocessors] and other peripherals), cause the one or more processors of the second remote device to:
establishing a second wireless communication link between the sensor control device and the second remote device using the sensor context information and information on active sensor control devices according to the second wireless communication protocol (Fig. 2B, Communication Channel 259; [0064] display devices may comprise software including display instructions (e.g., software programming comprising instructions configured to display the sensor information and optionally query the sensor electronics unit to obtain the sensor information) … the display device is programmed with the display instructions at the manufacturer … a display device is configured to display the sensor information via a downloadable program [0101] Over Communication Channel 259, Display Devices 20A,C can utilize any communication protocol described in this disclosure. By way of illustrative example, and without limitation, Display Devices 20A,C can communicate with each other using an RF field such as NFC or RFID. For example, using NFC or RFID, Display Devices 20A,C can transmit data (e.g., estimated blood glucose levels, pairing information, information about a Sensor Electronics Unit 6, calibration information, timing information (e.g., time synchronizations, EGV data with time stamps, etc.), raw sensor data, system status information, detected faults, alerts, clocking information, device manufacturing ID, and/or any other data and/or information described in this disclosure), commands/requests (e.g., data requests, synchronization requests, pairing requests), etc. to one another. In some cases, information about Sensor Electronics Unit 6 can be transmitted to allow one of Display Devices 20A,C to facilitate pairing of the other of Display Devices 20A,C to Sensor Electronics Unit 6. This information can be used to allow the other of Display Devices 20A,C to pair with Sensor Electronics Unit 6 using another communication protocol, such as a communication utilizing radio transmission, including BLUETOOTH®. For example, and without limitation, pairing information can be sent directly between Display Devices 20A, C or via a server (e.g., a network, cloud, etc.). By way of illustration, and without limitation, a user can pair Display Device 20A with Sensor Electronics Unit 6. Subsequently, the pairing information (e.g., timing information, encryption key, authentication information, advertising parameters, address, make/model, name, GAP, IRK, and/or any other relevant information for pairing) of Sensor Electronics Unit 6 can be sent to Display Device 20C from Display Device 20A directly).
Regarding claim 12, Wedekind teaches the analyte monitoring system of claim 11, wherein the sensor context information comprises one or more of sensor activation information, public keys, private keys, and remaining sensor life information ([0101] pairing information [e.g., timing information, encryption key, authentication information, advertising parameters, address, make/model, name, GAP [Generic Access Profile], IRK [Identity Resolving Key], and/or any other relevant information for pairing]).
Regarding claim 14, Wedekind teaches the analyte monitoring system of claim 11, wherein the memory of the first remote device further stores instructions that cause the one or more processors of the first remote device to transmit the sensor context information to the second remote device according to a standard communication protocol (Fig. 4A, Controller 401, memory 402, data storage 406, signal processor 408; [0115] Display Device 20 can be configured to perform the example processes, methods, and/or systems, and/or substantially similarly processes, methods, and/or systems described with reference to display devices throughout this disclosure. [0116] Controller 401 can perform logical and arithmetic operations based on program instructions stored within Memory 402 [0100] Communication between each of Display Devices 20A-N can also use any of the communication protocols described in this disclosure, including radio transmission [e.g., BLUETOOTH®] or RF fields [e.g., NFC or RFID]; [0101] Display Devices 20A,C can transmit data [e.g., estimated blood glucose levels, pairing information, information about a Sensor Electronics Unit 6, calibration information, timing information [e.g., time synchronizations, EGV data with time stamps, etc.], raw sensor data, system status information, detected faults, alerts, clocking information, device manufacturing ID, and/or any other data and/or information described in this disclosure], commands/requests [e.g., data requests, synchronization requests, pairing requests], etc. to one another).
Regarding claim 15, Wedekind teaches the analyte monitoring system of claim 22, wherein the memory of the first remote device further stores instructions that cause the one or more processors of the first remote device ((Fig. 4A, Controller 401, memory 402, data storage 406, signal processor 408) to output the processed sensor data to a display of the first remote device ([0188] Display Device 20 can send Transmission 732 to Sensor Electronics Unit 6 to send recent data. Sensor Electronics Unit 6 can then return data to Display Device 20 using the second communication protocol; [0064] The sensor information [e.g., data, measurements, etc.] may comprise processed and/or transformed sensor information that does not require processing by the display device prior to display of the sensor information. However, some display devices may comprise software including display instructions [e.g., software programming comprising instructions configured to display the sensor information and optionally query the sensor electronics unit to obtain the sensor information] configured to enable display of the sensor information thereon.).
Regarding claim 16, Wedekind teaches the analyte monitoring system of claim 11, wherein the first remote device comprises a first smartphone, and wherein the second remote device comprises a second smartphone (Display Device 20C; [0068] a plurality of display devices [e.g., a custom analyte monitoring device, a mobile phone, a tablet, a smart watch, a reference analyte monitor, a medicament delivery device, a medical device and a personal computer] may be configured to wirelessly communicate with the sensor electronics unit), and wherein the second remote device comprises a second smartphone ([0077] Display Devices 20A-E can run a software application, such as a mobile application (e.g., a mobile application downloaded from an entity that created and/or owns and/or licenses the app, and/or an app store such as from APPLE, INC. or GOOGLE INC., or other), also referred to as an app, that performs the functionality and/or has the structure described throughout this disclosure. [0079] FIG. 2A, Continuous Analyte Monitoring System 1 can have any number of Display Devices 20A-N. [0150] For example, and without limitation, if a user is using a receiver, but then wants to use a smart phone and leave the receiver elsewhere, the user may desire to quickly add the smart phone to the white list).
Regarding claim 18, Wedekind teaches the analyte monitoring system of claim, wherein the first wireless communication protocol comprises a Near Field Communication (NFC) protocol (Fig. 2A; Fig. 2B; [0099] Sensor Electronics Unit 6 is communicatively coupled to a plurality of Display Devices 20A-N using a plurality of Communication Channels 106A-N, 108A-N. [0100] Communication Channels 108A-N can each use a second, different communication protocol, such as an RF field like NFC or RFID).
Regarding claim 19, Wedekind teaches the analyte monitoring system of claim 11, wherein the second wireless communication protocol comprises a standard communication protocol (Fig. 2A; Fig. 2B; [0099] Sensor Electronics Unit 6 is communicatively coupled to a plurality of Display Devices 20A-N using a plurality of Communication Channels 106A-N, 108A-N. [0100] Communication Channels 106A-N each can use a first communication protocol, such as a radio transmission like BLUETOOTH®).
Regarding claim 21, Wedekind teaches the method of claim 1, further comprising:
establishing a first wireless communication link between the sensor control device and the first remote device according to a second wireless communication protocol (Fig. 2A; Fig. 2B; [0011] after the sensor electronics unit wakes, it can pair and communicate using the first communication protocol with the display device that was used to wake the sensor electronics unit. Similarly, the second communication protocol can be used to change the mode of operation of the sensor electronics unit, such as changing it to shelf mode, idle mode, low power mode, normal mode, high speed mode, and/or any mode that may be desirable for the sensor electronics unit. [0099] Sensor Electronics Unit 6 is communicatively coupled to a plurality of Display Devices 20A-N using a plurality of Communication Channels 106A-N, 108A-N. [0100] As a non-limiting example, Communication Channels 106A-N each can use a first communication protocol, such as a radio transmission like BLUETOOTH®, and Communication Channels 108A-N can each use a second, different communication protocol, such as an RF field like NFC or RFID. Communication between each of Display Devices 20A-N can also use any of the communication protocols described in this disclosure, including radio transmission (e.g., BLUETOOTH®) or RF fields (e.g., NFC or RFID).);
transmitting, by the sensor control device, a first set of sensor data to the first remote device via the first wireless communication link ([0012] The sensor electronics unit may communicate data indicative of analyte levels, such as analyte measurement data or estimated analyte values, to the display device using at least one of the plurality of communication protocols; [0091] In Block 66, the Sensor Electronics Unit 6 can connect to the one or more Display Devices 20A-N and transmit/receive communications in a transmission cycle, where Sensor Electronics Unit 6 sends relevant data [e.g., analyte data] to the one or more Display Devices 20A-N); and
deactivating, by the first application on the first remote device, the first wireless communication link prior to establishing a second wireless communication link between the sensor control device and the second remote device (Fig. 4B; Fig. 2A, Fig. 2B, Fig. 9C; [0133] When the first Data Communication 416 is completed, the data connection can be terminated (e.g., by closing the established communication channel) and the Communicators 305 and/or Controller 301 of Sensor Electronics Unit 6 can be deactivated by causing the Communicators 305 and/or Controller 301 to enter a sleep or inactive mode (e.g., low power mode or shelf mode). [0135] Continuously re-establishing a new communication channel to allow for partially or wholly powering down the Communicators 305 of Sensor Electronics Unit 6 during each update interval T.sub.interval can provide significant power savings. … Furthermore, rather than globally transmitting glucose data points during the update interval T.sub.interval, establishing specific data connections (e.g., communication channels) with only desired display devices, e.g., Display Device 20 and/or any Display Devices 20A-N, can prevent unauthorized use and interception of glucose measurement values. [0218] FIG. 9C illustrates an example white list and bonding list being updated when Sensor Electronics Unit 6 and Display Device 20A are unpaired using the second communication protocol. Advantageously, using a second communication protocol, such as an RF field [e.g., NFC or RFID], can allow a user to remove Display Device 20A [or any other display device, such as Display Device 20C] from a white list [e.g., White List 906] dynamically and on-demand.).
Regarding claim 22, Wedekind teaches the analyte monitoring system of claim 11, wherein the memory of the first remote device further stores instructions that cause the one or more processors of the first remote device (Fig. 4A, Display device 20, controller 401, memory 402, data storage 406, signal processor 408; [0116] Controller 401 can perform logical and arithmetic operations based on program instructions stored within Memory 402) to:
establish a first wireless communication link between the sensor control device and the first remote device according to a second wireless communication protocol (Fig. 2A; Fig. 2B; [0011] after the sensor electronics unit wakes, it can pair and communicate using the first communication protocol with the display device that was used to wake the sensor electronics unit. Similarly, the second communication protocol can be used to change the mode of operation of the sensor electronics unit, such as changing it to shelf mode, idle mode, low power mode, normal mode, high speed mode, and/or any mode that may be desirable for the sensor electronics unit. [0099] Sensor Electronics Unit 6 is communicatively coupled to a plurality of Display Devices 20A-N using a plurality of Communication Channels 106A-N, 108A-N. [0100] As a non-limiting example, Communication Channels 106A-N each can use a first communication protocol, such as a radio transmission like BLUETOOTH®, and Communication Channels 108A-N can each use a second, different communication protocol, such as an RF field like NFC or RFID. Communication between each of Display Devices 20A-N can also use any of the communication protocols described in this disclosure, including radio transmission (e.g., BLUETOOTH®) or RF fields (e.g., NFC or RFID).);
transmit, by the sensor control device, a first set of sensor data to the first remote device via the first wireless communication link ([0012] The sensor electronics unit may communicate data indicative of analyte levels, such as analyte measurement data or estimated analyte values, to the display device using at least one of the plurality of communication protocols; [0091] In Block 66, the Sensor Electronics Unit 6 can connect to the one or more Display Devices 20A-N and transmit/receive communications in a transmission cycle, where Sensor Electronics Unit 6 sends relevant data [e.g., analyte data] to the one or more Display Devices 20A-N); and
deactivate the first wireless communication link with the sensor control device prior to establishing the second wireless communication link between the sensor control device and the second remote device (Fig. 4B; Fig. 2A, Fig. 2B, Fig. 9C; [0133] When the first Data Communication 416 is completed, the data connection can be terminated (e.g., by closing the established communication channel) and the Communicators 305 and/or Controller 301 of Sensor Electronics Unit 6 can be deactivated by causing the Communicators 305 and/or Controller 301 to enter a sleep or inactive mode (e.g., low power mode or shelf mode). [0135] Continuously re-establishing a new communication channel to allow for partially or wholly powering down the Communicators 305 of Sensor Electronics Unit 6 during each update interval T.sub.interval can provide significant power savings. … Furthermore, rather than globally transmitting glucose data points during the update interval T.sub.interval, establishing specific data connections (e.g., communication channels) with only desired display devices, e.g., Display Device 20 and/or any Display Devices 20A-N, can prevent unauthorized use and interception of glucose measurement values. [0218] FIG. 9C illustrates an example white list and bonding list being updated when Sensor Electronics Unit 6 and Display Device 20A are unpaired using the second communication protocol. Advantageously, using a second communication protocol, such as an RF field [e.g., NFC or RFID], can allow a user to remove Display Device 20A [or any other display device, such as Display Device 20C] from a white list [e.g., White List 906] dynamically and on-demand.).
Regarding claim 23, Wedekind teaches the analyte monitoring system of claim 11, wherein the sensor context information comprises a sensor ID ([0132] During Data Connection Process 414, Display Device 20 can request a challenge value from Sensor Electronics Unit 6 and Sensor Electronics Unit 6 can send the challenge value to Display Device 20 in response. Upon receiving the challenge value, Display Device 20 can calculate a hash value based on the challenge value and the identification information associated with Sensor Electronics Unit 6 and/or Communicators 305 of Sensor Electronics Unit 6 and sends the hash value to Communicators 305 of Sensor Electronics Unit 6. Communicators 305 of Sensor Electronics Unit 6 can receive the hash value from Display Device 20, decode the identification information from the hash value, and verify that the received identification information matches identification information associated with Sensor Electronics Unit 6 and/or the Communicators 305 of Sensor Electronics Unit 6 previously stored in the memory of Sensor Electronics Unit 6 (e.g., Memory 302), such as during manufacturing of Sensor Electronics Unit 6. Upon verification, Communicators 305 of Sensor Electronics Unit 6 can send a signal confirming a successful authentication to Display Device 20. Once authenticated, Sensor Electronics Unit 6 and Display Device 20 can exchange information to determine how data will be exchanged (e.g., a specific frequency, time slot assignment, encryption, etc.).).
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) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Wedekind (US 20200008721 A1) in view of Sloan (US 20180007139 A1).
Regarding claim 13, Wedekind teaches the analyte monitoring system of claim 11. However, Wedekind fails to explicitly disclose wherein the sensor context information comprises a user ID.
Sloan teaches management of multiple devices within an analyte monitoring environment. Sloan discloses wherein the sensor context information comprises a user ID ([0073] the data collected by the reader device operator for each user is associated to that user with a user identifier, or user ID. The user identifier can be any string of characters that uniquely identifies the user.).
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 the system of Wedekind to include a user ID as disclosed in Sloan to collect analyte data from multiple users where each user's data is associated with a user identifier (Sloan [0074]).
Conclusion
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/M.H./Examiner, Art Unit 3791
/DEVIN B HENSON/Primary Examiner, Art Unit 3791
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