Prosecution Insights
Last updated: April 19, 2026
Application No. 18/337,808

PHYSIOLOGICAL SIGNAL MONITORING DEVICE

Non-Final OA §103§DP
Filed
Jun 20, 2023
Examiner
MARMOR II, CHARLES ALAN
Art Unit
3791
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
BIONIME CORPORATION
OA Round
1 (Non-Final)
12%
Grant Probability
At Risk
1-2
OA Rounds
3y 10m
To Grant
36%
With Interview

Examiner Intelligence

Grants only 12% of cases
12%
Career Allow Rate
45 granted / 380 resolved
-58.2% vs TC avg
Strong +25% interview lift
Without
With
+24.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
58 currently pending
Career history
438
Total Applications
across all art units

Statute-Specific Performance

§101
10.1%
-29.9% vs TC avg
§103
40.2%
+0.2% vs TC avg
§102
18.7%
-21.3% vs TC avg
§112
26.8%
-13.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 380 resolved cases

Office Action

§103 §DP
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. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer . Claims 1 , 4 -11, and 14 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1- 6 and 9-1 0 in US 11 , 717 , 198 B2 in view of Halac et. (WO 2017 / 116915 A1 ; hereinafter referred to as Halac ) . Regarding claim 1 of the instant application, c laim 1 of US 11 , 717 , 198 B2 recites “ A physiological signal monitoring device for sensing a physiological signal in an analyte of a host, comprising: a sensing member, including a signal sensing end adapted to be inserted underneath a skin of the host to sense the physiological signal, and a signal output end for outputting the physiological signal; and a transmitter connected to said sensing member for receiving, processing and transmitting the physiological signal, and including a circuit board having a plurality of electrical contacts, and a connecting port connected to said circuit board and having a socket which is communicated to said circuit board, and a plurality of conducting springs which are received within said connecting port; wherein , said sensing member is removably inserted into said socket; wherein , each of said conducting springs has one side electrically connected to a respective one of said electrical contacts of said circuit board and another side electrically connected to said signal output end of said sensing member for electric connection between the respective one of said electrical contacts and said signal output end; and wherein , said conducting springs are frictionally rotated by said sensing member during insertion of said sensing member into said socket and removal of said sensing member from said socket. ” Claim 1 of US 11 , 717 , 198 B2 recites all of the limitation s of claim 1 of the instant application except for “a top casing, a bottom casing assembled with said top casing to define an inner space, a circuit board configured within said inner space and having a plurality of electrical contacts, a battery configured within said inner space and electrically connected to said circuit board.” However, Halac teaches a physiological signal monitoring device having a top casing, a bottom casing assembled with said top casing to define an inner space, a circuit board configured within said inner space and having a plurality of electrical contacts, a nd a battery configured within said inner space and electrically connected to said circuit board (See Halac Figure s 2, 3, and 4, the bottom casing 122 and top casing 104 form an inner space, the electronics unit is within the inner space which has a circuit board and electrical contacts [0459]).” It would have been obvious to person of ordinary skill in the art before the effective filing date of the claimed invention to modify the physiological monitoring device of claim 1 of US 11,717,198 B2 to include a top casing, a bottom casing assembled with said top casing to define an inner space, a circuit board configured within said inner space and having a plurality of electrical contacts, a battery configured within said inner space and electrically connected to said circuit board as taught by Halac in order to house the sensor with a sterile barrier, as well as to provide a battery to operate and provide electrical connection for the sensor (See Halac [0259][0457]). Regarding claim 11 of the present application , c laim 1 of US 11 , 717 , 198 B2 recites “ A physiological signal monitoring device for sensing a physiological signal in an analyte of a host, comprising: a sensing member, including a signal sensing end adapted to be inserted underneath a skin of the host to sense the physiological signal, and a signal output end for outputting the physiological signal; and a transmitter connected to said sensing member for receiving, processing and transmitting the physiological signal, and including a circuit board having a plurality of electrical contacts, and a connecting port connected to said circuit board and having a socket which is communicated to said circuit board, and a plurality of conducting springs which are received within said connecting port; wherein , said sensing member is removably inserted into said socket; wherein , each of said conducting springs has one side electrically connected to a respective one of said electrical contacts of said circuit board and another side electrically connected to said signal output end of said sensing member for electric connection between the respective one of said electrical contacts and said signal output end; and wherein , said conducting springs are frictionally rotated by said sensing member during insertion of said sensing member into said socket and removal of said sensing member from said socket. ” Claim 1 of US 11 , 717 , 198 B2 recites all of the limitations of claim 11 of the present application except for “a first orientating structure provided on said base; and a second orientating structure provided on said transmitter, both of said first orientating structure and said second orientating structure being touched by a user during an assembling process of said transmitter and said base for properly orientating said transmitter relative to said base.” However, Halac teaches a physiological signal monitoring device having a first orientating structure provided on said base; and a second orientating structure provided on said transmitter, where both of the first orientating structure and the second orientating structure are touched by a user during an assembling process of said transmitter and said base for properly orientating said transmitter relative to said base (See Halac Figure 33 , part 128 has ledges that protrude from the side, See Halac Figure 70 , there are ledges within the structure and from the side of the device coming from the top). It would have been obvious to person of ordinary skill in the art before the effective filing date of the claimed invention to modify the physiological monitoring device of claim 1 of US 11,717,198 B2 to with a first orienting structure on the base, and a second orientating structure provided on said transmitter, where both of the first orientating structure and the second orientating structure are touched by a user during an assembling process of said transmitter and said base for properly orientating said transmitter relative to said base as taught by Halac in order to snap the assembly together (See Figure 6 and 7 , the units are attached , also see [0274][0322]). Regarding C laim 14 of the present application , Claim 1 of US 11 , 717 , 198 B2 recites “ A physiological signal monitoring device for sensing a physiological signal in an analyte of a host, comprising: a sensing member, including a signal sensing end adapted to be inserted underneath a skin of the host to sense the physiological signal, and a signal output end for outputting the physiological signal; and a transmitter connected to said sensing member for receiving, processing and transmitting the physiological signal, and including a circuit board having a plurality of electrical contacts, and a connecting port connected to said circuit board and having a socket which is communicated to said circuit board, and a plurality of conducting springs which are received within said connecting port; wherein , said sensing member is removably inserted into said socket; wherein , each of said conducting springs has one side electrically connected to a respective one of said electrical contacts of said circuit board and another side electrically connected to said signal output end of said sensing member for electric connection between the respective one of said electrical contacts and said signal output end; and wherein , said conducting springs are frictionally rotated by said sensing member during insertion of said sensing member into said socket and removal of said sensing member from said socket. ” Claim 1 of US 11 , 717 , 198 B2 recites all of the limitations of claim 14 of the present application except for “a first positioning structure provided on said base; and a second positioning structure provided on said transmitter, said second positioning structure being engaged with said first positioning structure when said transmitter is mounted to said base so as to position said transmitter relative to said base.” However, Halac teaches a physiological signal monitoring device having a first orientating structure provided on said base; and a second orientating structure provided on said transmitter, where both of said first orientating structure and said second orientating structure are touched by a user during an assembling process of said transmitter and said base for properly orientating said transmitter relative to said base (See Halac Figure 33 , part 128 has ledges that protrude from the side, See Halac Figure 70 , there are ledges within the structure and from the side of the device coming from the top). It would have been obvious to person of ordinary skill in the art before the effective filing date of the claimed invention to modify the physiological monitoring device of claim 1 of US 11,717,198 B2 with a first orientating structure provided on said base; and a second orientating structure provided on said transmitter, where both of the first orientating structure and the second orientating structure are touched by a user during an assembling process of said transmitter and said base for properly orientating said transmitter relative to said base as taught by Halac in order to snap the assembly together (See Figure 6 and 7 , the units are attached , also see [0274][0322]). Regarding claims 4-10 of the present application, all of the limitations of those claims are recited in claims 2-6, 9 and 10 of US 11,717,198, respectively. 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. Claims 1-3 and 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Halac et al. (WO 2017 / 116915 A1; hereinafter known as “ Halac ”) in view of Brenneman et al. (US 2010 / 0113897 A1; hereinafter known as “Brenneman”). Regarding claim 1 , H alac teaches a physiological signal monitoring device for sensing a physiological signal in an analyte of a host (See Halac [0456], and Figure 33 on-skin assembly just before the electronics unit 500 is snapped onto the base 128), comprising: a sensing member (See Halac [0268][0473], Figure 34. Part 138), including a signal sensing end adapted to be inserted underneath a skin of the host to sense the physiological signal (See Halac [0470], a glucose sensor 138a having a section for subcutaneous insertion), and a signal output end for outputting the physiological signal (See Halac [0238]); and a transmitter connected to said sensing member for receiving, processing and transmitting the physiological signal (See Halac [0234] [0260], e lectronics unit 500) , and including a top casing (See Halac Figure 2 , part 104) , a bottom casing assembled with said top casing to define an inner space, a circuit board configured within said inner space and having a plurality of electrical contacts (See Halac Figure s 2, 3, and 4, the bottom casing 122 and top casing 104 form an inner space, the electronics unit is within the inner space which has a circuit board and electrical contacts [0459]), a battery configured within said inner space and electrically connected to said circuit board (See Halac [0245-0246][0457], electronics unit has a battery and circuit board, electronics can be affixed to a printed circuit board (PCB), or the like, and can take a variety of form s ) , and a connecting port (See Halac Figure 16 , part 192 , sensor module [0326] ) connected to said circuit board ( See Halac [0326] , the electronics unit has a circuit board [0326] ) and having a socket which is communicated to said circuit board ( See Halac Figure 33 , 204 connects with electronics unit ) , and a plurality of conducting springs which are received within said connecting port (See Halac Figure 33 , 192 has spring 306 [0326][0456], which create electrical connection); wherein, said sensing member is removably inserted into said socket ( See Halac [0456], can be snapped onto the base ) ; wherein, each of said conducting springs has one side electrically connected to a respective one of said electrical contacts of said circuit board and another side electrically connected to said signal output end of said sensing member for electric connection between the respective one of said electrical contacts and said signal output end ( See Halac [0473], coupling an electronics unit 500 to the base 128 presses the spring 306 against first electrical contact of the electronics 500 unit and second electrical contact of the glucose sensor 138b to electrically couple the glucose sensor 138a, 138b to the electronics unit 500 , also see Figure 34 ); Halac is silent to the springs being frictionally rotated by said sensing member during insertion of said sensing member into said socket and removal of said sensing member from said socket. Brenneman teaches a continuous analyte monitoring device ( See Brenneman abstract ) and further teaches springs that are frictionally rotated by said sensing member during insertion of said sensing member into said socket and removal of said sensing member from said socket (See Brenneman [0045][0049], spring loaded such that the assembly and the circuit board housing are rotated at a sufficient force to penetrate the sensor, the sensor member 20 drives through the hallow area 10 and is retracted, claim 30). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to modify Halac with springs which are frictionally rotated by said sensing member during insertion of said sensing member into said socket and removal of said sensing member from said socket as taught by Brenneman to improve the sensor stability by a rotating mechanism limiting movement of sensor when inserted into the skin (See Brenneman [0045]) . Regarding claim 2, Halac teaches said circuit board and said battery are configured not to overlap in a direction perpendicular to the skin of the host (See Halac [0326] , the electronics unit has a circuit board and battery and is horizontal). Regarding claim 3, Halac teaches said battery overlaps said circuit board in a direction ( See Halac [0326] the electronics unit has a circuit board and battery and is horizontal [0326] ). Halac is silent to the battery overlaps said circuit board in a direction perpendicular to the skin of the host, and is stacked between said circuit board and said bottom casing. It would have been an obvious matter of design choice before the effective filing date of the present application to provide the device o f Halac in view of Brenneman with the battery overlapping said circuit board in a direction perpendicular to the skin of the host, which stacked between said circuit board and said bottom casing because it appears to be arbitrary design consideration which fails to patentably distinguish over Halac in view of Brenneman . Further applicant has not disclosed that the configuration provides an advantage, or is done for a particular purpose, or solves a stated problem, indicating simply that the battery overlaps the circuit board in a direction perpendicular to the skin (See Specification page 28 lines 2-6) . Regarding claim 9, Halac teaches each of said conducting springs has said one side contacted with the respective one of said electrical contacts along a direction of a first axis and said another side contacted with said signal output end along a direction of a second axis ( See Halac [0473], coupling an electronics unit 500 to the base 128 presses the spring 306 against first electrical contact of the electronics 500 unit and second electrical contact of the glucose sensor 138b to electrically couple the glucose sensor 138a, 138b to the electronics unit 500 , also see Figure 34, the electronics device is placed on springs in horizontal direction and once connected , the springs move vertically to create contact ) . Regarding claim 10, Halac teaches each of said conducting springs includes a helical portion with a plurality of turns thereby providing multi-point contacts with the respective one of said electrical contacts of said circuit board and said signal output end of said sensing member ( See Halac Figure 33 , 306 has circular springs which form a helical shape and contact the sensing member 138 which is located under the spring and the circuit board which is placed on top of the spring ) . Regarding claim 11 , Halac teaches a physiological signal monitoring device for sensing a physiological signal in an analyte of a host ( See Halac [0456], and Figure 33 , on-skin assembly just before the electronics unit 500 is snapped onto the base 128 ) , comprising: a base; a sensing member ( See Halac [0268][0473], Figure 34 , p art 138) including a signal sensing end adapted to be inserted underneath a skin of the host to sense the physiological signal ( See Halac [0470], a glucose sensor 138a having a section for subcutaneous insertion ) , and a signal output end for outputting the p hysiological signal ( See Halac [0238] ) ; a transmitter removably mounted to said base, connected to said sensing member for receiving, processing and transmitting the physiological signal ( See Halac [0234][0260], electronics unit 500 ) , and including a circuit board having a plurality of electrical contacts ( See Halac Figure 5 , electronics unit 500 which has a circuit board and electrical contacts [0459] ) , and a connecting port ( See Halac Figure 16 , part 192 , interconnects 204 protrude to connect sensor module [0326] ) connected to said circuit board ( See Halac [0326] , the electronics unit has a circuit board ) and having a socket which is communicated to said circuit board ( See Halac Figure 33 , 204 connects with electronics unit ) , and a plurality of conducting springs which are received within said connecting port (See Halac Figure 33 , 192 has spring 306 [0326][0456], which create electrical connection ) ; a first orientating structure provided on said base ( See Halac Figure 33 , part 128 has ledges that protrude from the side ) ; and a second orientating structure provided on said transmitter ( See Halac Figure 70 , there are ledges within the structure and from the side of the device coming from the top ) , both of said first orientating structure and said second orientating structure being touched by a user during an assembling process of said transmitter and said base for properly orientating said transmitter relative to said base ( See Figure 33 , in order to place the device together the base and top must be touched , therefore can touch the ledge from the top and the base ) ; wherein said sensing member is removably inserted into said socket ( See Halac [0456], can be snapped onto the base ) ; wherein each of said conducting springs has one side electrically connected to a respective one of said electrical contacts of said circuit board and another side electrically connected to said signal output end of said sensing member for electric connection between the respective one of said electrical contacts and said signal output end ( See Halac [0473], coupling an electronics unit 500 to the base 128 presses the spring 306 against first electrical contact of the electronics 500 unit and second electrical contact of the glucose sensor 138b to electrically couple the glucose sensor 138a, 138b to the electronics unit 500 also see Figure 34 ) . Halac is silent to the springs being frictionally rotated by said sensing member during insertion of said sensing member into said socket and removal of said sensing member from said socket. Brenneman teaches a continuous analyte monitoring device ( See Brenneman abstract ) and further teaches springs are frictionally rotated by said sensing member during insertion of said sensing member into said socket and removal of said sensing member from said socket (See Brenneman [0045][0049], spring loaded such that the assembly and the circuit board housing are rotated at a sufficient force to penetrate the sensor, the sensor member 20 drives through the h o llow area 10 and is retracted, claim 30 ). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to modify Halac with springs which are frictionally rotated by said sensing member during insertion of said sensing member into said socket and removal of said sensing member from said socket as taught by Brenneman in order to improve the sensor stability by a rotating mechanism limiting movement of sensor when inserted into the skin ( See Brenneman [0045] ) . Regarding claim 12, Halac teaches said first orientating structure is configured as a protrusion (See Halac Figure 33 part 128 has ledges that protrude from the side). Regarding claim 13, Halac teaches said second orientating structure is configured as a protrusion (See Halac Figure 33 part 500 has ledges that protrude from the side). Regarding claim 14, Halac teaches a physiological signal monitoring device for sensing a physiological signal in an analyte of a host (See Halac [0456] and Figure 33 , on-skin assembly just before the electronics unit 500 is snapped onto the base 128 ) , comprising: a base ( See Halac Figure 4 , 128 ) ; a sensing member ( See Halac [0268][0473], Figure 34 , p art 138 ) including a signal sensing end adapted to be inserted underneath a skin of the host to sense the physiological signal ( See Halac [0470], a glucose sensor 138a having a section for subcutaneous insertion ) , and a signal output end for outputting the physiological signal ( See Halac [0470], a glucose sensor 138a having a section for subcutaneous insertion ) ; a transmitter removably mounted to said base, connected to said sensing member for receiving, processing and transmitting the physiological signal ( See Halac [0234][0260], electronics unit 500 ) , and including a circuit board having a plurality of electrical contacts ( See Halac Figure 2, 3, and 4, the bottom casing 122 and top casing 104 form an inner space, the electronics unit is within the inner space which has a circuit board and electrical contacts [0459] ) , and a connecting port ( See Halac Figure 16 , part 192 , sensor module [0326] ) connected to said circuit board and having a socket which is communicated to said circuit board ( See Halac [0326] , the electronics unit has a circuit board [0326] ) , and a plurality of conducting springs which are received within said connecting port ( See Halac [0473], coupling an electronics unit 500 to the base 128 presses the spring 306 against first electrical contact of the electronics 500 unit and second electrical contact of the glucose sensor 138b to electrically couple the glucose sensor 138a, 138b to the electronics unit 500 , also see Figure 34 ) ; a first positioning structure provided on said base (See Halac Figure 33 , part 128 has ledges that protrude from the side ) ; and a second positioning structure provided on said transmitter (See Halac Figure 70 , there are ledges within the structure and from the side of the device coming from the top ) , said second positioning structure being engaged with said first positioning structure when said transmitter is mounted to said base so as to position said transmitter relative to said base ( See Figure 33 , in order to place the device together the base and top must be touched , therefore can touch the ledge from the top and the base ) ; wherein said sensing member is removably inserted into said socket ( See Halac [0456], can be snapped onto the base ) ; wherein each of said conducting springs has one side electrically connected to a respective one of said electrical contacts of said circuit board and another side electrically connected to said signal output end of said sensing member for electric connection between the respective one of said electrical contacts and said signal output end ( See Halac [0473], coupling an electronics unit 500 to the base 128 presses the spring 306 against first electrical contact of the electronics 500 unit and second electrical contact of the glucose sensor 138b to electrically couple the glucose sensor 138a, 138b to the electronics unit 500 also see Figure 34 ) ; Halac is silent to the springs b e ing frictionally rotated by said sensing member during insertion of said sensing member into said socket and removal of said sensing member from said socke t. Brenneman teaches a continuous analyte monitoring device ( See Brenneman abstract ) and further teaches springs are frictionally rotated by said sensing member during insertion of said sensing member into said socket and removal of said sensing member from said socket (See Brenneman [0045][0049], spring loaded such that the assembly and the circuit board housing are rotated at a sufficient force to penetrate the sensor, the sensor member 20 drives through the h o llow area 10 and is retracted, claim 30 ). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to modify Halac with springs which are frictionally rotated by said sensing member during insertion of said sensing member into said socket and removal of said sensing member from said socket as taught by Brenneman in order to provide the sensor with stability when inserted within the skin and rotate to drive the sensor into the skin ( See Brenneman [0045] ) . Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Halac in view of Brenneman as applied in 14, further in view of Chae et al. (US 11 , 596 , 355 B2; hereinafter known as “Chae”). Regarding claim 15 , Halac teaches a first positioning structure is configured as a protrusion ( See Halac Figure 33 , part 128 has ledges that protrude from the side ). Halac in view of Brenneman is silent to said second positioning structure is configured as a recess. Chae teaches a continuous glucose monitoring system with positioning structures ( See Chae Col. 8 , lines 3 0 - 5 4, locking catch recess es 101 1, locking catch protrusion 213 ) , and further teaches a first positioning structure is configured as a protrusion and a second positioning structure is configured as a recess ( See Chae Col. 8 lines 3 0 - 5 4, locking catch recess es 101 1, locking catch protrusion 213 ). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to modify the physiological signal monitoring device of Halac as modified with Brenneman to include a second positioning structure comprising a recess to receive a first positioning protrusion as taught by Chae in order to provide the ability to disengage or engage the components of the monitoring device . Allowable Subject Matter Claims 4-8 are objected to as being dependent upon a rejected base claim 1, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims , while addressing the nonstatutory double patenting rejections set forth above . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Charles A Marmor, II whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-4730 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday 9AM-5PM . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Moffat can be reached at (571)272-4390. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHARLES A MARMOR II/ Supervisory Patent Examiner, Art Unit 3791
Read full office action

Prosecution Timeline

Jun 20, 2023
Application Filed
Mar 04, 2026
Non-Final Rejection — §103, §DP (current)

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Prosecution Projections

1-2
Expected OA Rounds
12%
Grant Probability
36%
With Interview (+24.7%)
3y 10m
Median Time to Grant
Low
PTA Risk
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