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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/19/2026 has been entered.
Response to Arguments
Argument by applicants: “At no point does Weinrib arrive at the amount by which the duration of the scan window is increased by considering the available battery power life of the data receiving device. Thus, it is respectfully submitted that Weinrib fails to disclose the subject matter of amended claim 1” [Reply, page 8].
Response to argument:
The Weinrib reference does disclose concern of power consumed when the window is increased [Weinrib; paragraph 0018]. The claim language does not specifically describe the relationship between the “available battery power life” and the duration of the scan window. The claim only states “based on”. The “based on” an available battery power life is very broad terminology for basing the duration of the scan window. The instant specification only further states "the scan window is increased by a formulaic amount" [Instant Specification; paragraph 0193]. This argument has been considered but is moot, since there is a new ground of rejection based on the amendment.
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 1-6, 9-13, and 20-25 are rejected under 35 U.S.C. 103 as being unpatentable over Weinrib et al. ("Weinrib") [PGPUB 2023/0209482] in view of Park et al. (“Park”) [PGPUB 2017/0230902] and Kamath et al. ("Kamath") [PGPUB 2019/0132801].
Regarding claim 1, the Weinrib reference discloses a data receiving device comprising: one or more processors, a communication module, and one or more memories communicatively coupled to the one or more processors and the communication module, and comprising instructions executable by the one or more processors to configure the one or more processors to perform operations comprising [ie. scanner device ("data receiving device"); Weinrib; figures 1 and 8; paragraphs 0027 and 0079]:
setting a duration of a scan window for receiving connection data packets from a advertiser device to a current length [ie. duration ("length"); Weinrib; para 0030 and 0034];
initiating the scan window based on the duration of the scan window at the current length [ie. duration ("length"); Weinrib; para 0030 and 0034]; and
in response to determining that a connection between the data receiving device and advertiser device has not been established based on connection data packets received during the scan window [ie. not receiving the synchronized event, during a scan window, then increase duration of reception window ("scan window"); Weinrib; fig 4; para 0041 and 0050],
performing one or more iterations of a process to adjust the scan window, the process including operations comprising: increasing a duration of the scan window to a new length, the new length being greater than the current length [Weinrib; fig 4; para 0041 , 0050, and 0052]; and
initiating the scan window based on the duration of the scan window at the new length [Weinrib; fig 4 and 5; para 0041, 0050, and 0052],
The Weinrib reference does disclose increase reception interval based on power consumption of the scanner device [Weinrib; fig 7B; para 0018, 0050-0052, and 0076] but does not specifically disclose wherein an amount by which the duration of the scan window is increased is “based on an available battery power life of the data receiving device”.
However, in the same field of endeavor, the Park reference discloses wherein an amount by which the duration of the scan window is increased is based on an available battery power life of the data receiving device [Park; fig 3 and 5B; para 0050, 0079, and 0112-0115]. The Weinrib and Park references are analogous art, since they have similar problem solving area in being able to manage communications between devices. It would have been obvious to a person of ordinary skill in the art, before the effective filling date of the claimed invention, to combine the teaching of basing the window duration on battery life, taught by Park, into the system, taught by Weinrib. The motivation for doing so would have been to minimize power consumption [Park; para 0114].
The combination of Weinrib-Park discloses data receiving device but does not specifically disclose the device is for the intended use of an analyte monitoring system and detecting a disconnect between the data receiving device and a sensor control device of the analyte monitoring system, the sensor control device comprising a communication module and an analyte sensor configured to be transcutaneously positioned in contact with a bodily fluid of a subject wearing the sensor control device.
However, in the same field of endeavor, Kamath discloses the device is for the intended use of an analyte monitoring system and detecting a disconnect between the data receiving device ("display device") and a sensor control device ("analyte sensor system") of the analyte monitoring system, the sensor control device comprising a communication module and an analyte sensor configured to be transcutaneously positioned in contact with a bodily fluid of a subject wearing the sensor control device [ie. analyte sensor ("transcutaneously positioned in contact with a bodily fluid") disconnected from display device; Kamath; fig 3; para 0196-0197, 0212, 0294-0295, and 0316-0317]. The Weinrib-Park and Kamath references are analogous art, since they have similar problem solving area in being able to setup connections in Bluetooth. It would have been obvious to a person of ordinary skill in the art, before the effective filling date of the claimed invention, to combine the teaching of detecting a disconnect of a sensor device, taught by Kamath, into the system, taught by Weinrib-Park. The motivation for doing so would have been to be able to reconnect a connection between devices.
Regarding claim 2, the combination of Weinrib-Park-Kamath further discloses subsequent to initiating the scan window based on the duration of the scan window at the current length: establishing a connection with the sensor control device; and in response to establishing the connection, synchronizing a clock maintained by the data receiving device with a clock maintained by the sensor control device [Weinrib; para 0018, 0021, and 0030] [Park; fig 2, 3, and 5B; para 0059] [Kamath; para 0282].
Regarding claim 3, the combination of Weinrib-Park-Kamath further discloses the process to adjust the scan window comprises operations further comprising: comparing the duration of the scan window at the new scan window length to a scan window duration threshold [Weinrib; para 0034 and 0041] [Park; para 0058 and 0068-0069].
Regarding claim 4, the combination of Weinrib-Park-Kamath further discloses the process to adjust the scan window comprises operations further comprising: in response to determining that the duration of the scan window exceeds the scan window duration threshold, resetting the duration of the scan window to a length that is less than the scan window duration threshold [Weinrib; para 0040-0041 and 0052] [Park; fig 2; para 0068-0069 and 0074] [ie. reset after disconnect with a predetermined time interval; Kamath; para 0294-0295].
Regarding claim 5, the combination of Weinrib-Park-Kamath further discloses the length that is less than the scan window duration threshold is equal to the duration of the scan window used after the disconnection was detected [Weinrib; para 0040-0041] [Park; fig 2; para 0068-0069 and 0074] [Kamath; para 0294-0295].
Regarding claim 6, the combination of Weinrib-Park-Kamath further discloses an amount by which the duration of the scan window is increased is a fixed amount [ie. increased on difference of times; Weinrib; para 0040-0041 and 0050] [Park; fig 2; para 0068-0069 and 0074].
Regarding claim 9, the combination of Weinrib-Park-Kamath further discloses the process to adjust the scan window comprises operations further comprising: modifying a start time of the scan window [ie. begins; Weinrib; para 0039-0040] [Kamath; para 0030-0031 and 0179-0180].
Regarding claim 10, the combination of Weinrib-Park-Kamath further discloses subsequent to initiating the scan window based on the duration of the scan window at the current length: establishing a connection with the sensor control device; and in response to establishing the connection, receiving, from the sensor control device, analyte data originating from the analyte sensor [ie. medical data; Weinrib; para 0016 and 0039-0040] [Kamath; abstract; para 0010-0012 and 0176-0177].
Regarding claim 11, the combination of Weinrib-Park-Kamath further discloses outputting a value based on the analyte data for display [ie. medical data; Weinrib; para 0016 and 0039- 0040] [Kamath; abstract; para 0010-0012 and 0176-0177].
Regarding claim 12, the combination of Weinrib-Park-Kamath further discloses using the analyte data to modify a therapy administered by the data receiving device [ie. medical data; Weinrib; para 0016 and 0039-0040] [Kamath; para 0030, 0191, and 0196].
Regarding claim 13, the combination of Weinrib-Park-Kamath further discloses the analyte sensor is configured to generate data signals measuring a level of an analyte in the bodily fluid, and wherein the analyte comprises glucose, ketones, lactate, oxygen, hemoglobin A1 C, albumin, alcohol, alkaline phosphatase, alanine transaminase, aspartate aminotransferase, bilirubin, blood urea nitrogen, calcium, carbon dioxide, chloride, creatinine, hematocrit, lactate, magnesium, oxygen, pH, phosphorus, potassium, sodium, total protein, or uric acid [ie. medical data; Weinrib; para 0016 and 0039-0040] [Kamath; para 0196 and 0212-0214].
Regarding claim 20, the combination of Weinrib-Park-Kamath further discloses the amount by which the duration of the scan window is increased is based on a formulaic amount based on the available battery power life of the data receiving device [ie. increase duration based on a difference (“formulaic amount”); Weinrib; para 0040-0041] [ie. less than or equal to (“formulaic amount”); Park; para 0112-0115].
Regarding claim 21, the combination of Weinrib-Park-Kamath further discloses the amount by which the duration of the scan window is increased is based on a formulaic amount based on the available battery power life of the data receiving device and the current duration of the scan window [ie. increase duration based on a difference (“formulaic amount”); Weinrib; para 0040-0041] [ie. increasing scan period would take into account the “current duration of the scan window” in order to increase the scan window; Park; para 0112-0115].
Regarding claim 22, the combination of Weinrib-Park-Kamath further discloses the amount by which the duration of the scan window is increased is based on a formulaic amount based on the available battery power life of the data receiving device and a number of iterations of the process to adjust the scan window [ie. increase window based on synchronized event (another “iteration”); Weinrib; para 0041-0042] [number of iterations can be zero or one; ie. amount can be “based on” available batter power life and use history/transmission retry count (“iterations”); Park; fig 3; para 0079, 0103-0105, 0114, 0121, and 0148].
Regarding claim 23, the combination of Weinrib-Park-Kamath further discloses the amount by which the duration of the scan window is increased is based on a formulaic amount based on the available battery power life of the data receiving device and a duration of time since the sensor control device and the data receiving device were disconnected [Weinrib; para 0041-0042] [ie. channel state; “considering delay time during which a Wi-Fi scheme which has been deactivated during a BLE scan interval is activated again”; Park; fig 3; para 0070-0071, 0079, and 0148].
Regarding claim 24, the combination of Weinrib-Park-Kamath further discloses the formulaic amount is based on values stored in a lookup table in the one or more memories of the data receiving device [ie. “based on” table to show power consumption values; Weinrib; fig 7A and 7B; para 0067-0068 and 0072] [ie. use history would be stored in memory (“lookup table”) and the amount can be “based on” use history; Park; fig 3; para 0074, 0079, 0114, and 0148].
Regarding claim 25, the combination of Weinrib-Park-Kamath further discloses the formulaic amount is based on a pre-programmed function of programming of the data receiving device [Weinrib; para 0091] [Park; para 0114 and 0147].
Conclusion
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/JASON D CARDONE/Primary Examiner, Art Unit 2458
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