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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Response to Amendment
This Office action is responsive to the RCE filed 22 June 2026. Claims 3, 11, 24 and 31-41 are canceled. Claims 1-2, 4-10, 12-23 and 25-30 are pending and are examined.
Claim Rejections - 35 USC § 112
Claim 14 is 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 14 depends from claim 1 and recites “the evaluated blood glucose measurement is evaluated at least in part by fitting received blood glucose measurements within a predetermined timeframe to a trend having a median slope selected from a plurality of regression fit slopes for different rolling subsets of received blood glucose measurements within the predetermined timeframe.”
It is not clear whether “a trend” is different from the “downward trend” in claim 1. The specification allows for trends that are not downward. Nevertheless, given how claim was amended to recite “projecting a downward trend of a plurality of received blood glucose measurements and adding the downward trend to one of the plurality of received blood glucose measurements to obtain an evaluated blood glucose measurement” Examiner suspects “a trend” in claim 14 is referring to the downward trend in claim 1 and not a different trend.
Allowable Subject Matter
Claim 1-2, 4-10, 12-13, 15-23 and 25-30 are allowed.
Claim 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID OLYNICK whose telephone number is (571)272-2355. The examiner can normally be reached M-F: 7:30 am-5 pm (ET).
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/DAVID P. OLYNICK/Primary Examiner, Art Unit 3741
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