DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3 and 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Hua et al. (US 20200336407- Previously cited), hereinafter Hua, and further in view of Jung et al. (US 20160150357), hereinafter Jung.
Regarding claim 1, Hua teaches a system comprising: a sensor electronics system (see para. [0023], in vivo analyte monitoring system); and
an analyte sensor comprising a proximal portion and a distal portion, the distal portion being configured for positioning under a user's skin surface in contact with a bodily fluid for monitoring a level of an analyte in the bodily fluid and the proximal portion being configured for positioning above the user's skin surface and being in operative connection with the sensor electronics system (see para. [0019] and fig. 1, analyte sensor 102 is in contact with bodily fluids and proximal portion is positioned on the surface);
wherein the sensor electronics system is configured to receive sensor signals indicative of the analyte level from the analyte sensor and to generate from the sensor signals, data relating to the analyte level for wireless transmission, the sensor electronics system comprising a transceiver for transmitting outgoing signals including the data relating to the analyte level and for receiving incoming signals (see para. [0020], readers of the system can receive and transmit signals to other readers, computers, and sensors within the system);
wherein the transceiver comprises an electromagnetic signal generating component configured to be supplied with outgoing signals, the electromagnetic signal generating component having a first signal feed point and a second signal feed point (see fig. 1 and para. [0028-29], reader devices comprising transmitters are capable of communicating via NFC and Bluetooth, thereby requiring two feed points each),
wherein the sensor electronics system is configured to operate in a first communication mode and is further configured to operate in a second communication mode, wherein in the first communication mode the sensor electronics system is configured to supply first outgoing signals to the first signal feed point of the electromagnetic signal generating component and in the second communication mode the sensor electronics system is configured to supply second outgoing signals to the second signal feed point of the electromagnetic signal generating component (see para. [0028], the readers are configured to operate in a first mode when using NFC link and a second mode when communicating via Bluetooth),
Hua fails to teach wherein the sensor electronics system is configured to supply the first outgoing signals to the electromagnetic signal generating component in the first communication mode and to supply the second outgoing signals to the electromagnetic signal generating component in the second communication mode at the same time Hua recites “Reader device 120-1 capable of communication with OBD 102 over NFC link 141-1 and BT link 142-1, and by the presence of second reader device 120-2 capable of communication with OBD 102 over NFC link 141-2 and BT link 142-2,” “Reader device 120 can communicate with multiple OBDs 102,” and “In some embodiments, a particular reader device 120 can communicate with multiple OBDs concurrently, located on the same or different users” indicating that the first and second signals from the reader device of the sensor electronics system can communicate at the same time via BT and NFC links) (see para. [0028-30],), but fails to explicitly recite that the outgoing signals are performed at the same time.
Jung teaches an electronic device and method for transmitting information using 2 different communication protocols simultaneously (see para. [0147,0290]) and abstract, “first electronic device 101 may simultaneously transmit the data frames that include one or more pieces of information by using different frequencies”).
As such, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the device of Hua, such that the sensor electronics system is configured to supply the first outgoing signals to the electromagnetic signal generating component in the first communication mode and to supply the second outgoing signals to the electromagnetic signal generating component in the second communication mode at substantially same time, as taught by Jung, to aid in maintaining communication while reducing power consumption (see para. [0008,0010]).
Hua fails to teach the following in the particular embodiment relied upon above, but in a different embodiment teaches wherein the sensor electronics system comprises a first processor for controlling the first communication mode and second processor for controlling the second communication mode (see para. [0045-48], “ Reader 120 can be implemented in a highly interconnected fashion, where power supply 216 is coupled with each component shown in FIG. 2 and where those components that communicate or receive data, information, or commands (e.g., processor 206, memory 203, memory 210, power management circuitry 218, input component 121, display 122, first communication circuitry 241, and second communication circuitry 242),” “First communication circuitry 241 and antenna 251 are configured for communication (transmission and/or reception) over communication link 141, and second communication circuitry 242 and antenna 252 are configured for communication over communication link 142,” “Communication circuitry 241 and 242 can be implemented as one or more chips and/or components (e.g., transmitter, receiver, transceiver, encoder, decoder, and/or other communication circuitry) that perform the functions for communications over the respective communications links 141 and 142.,” “Processor 206 can include one or more processors, microprocessors, controllers, and/or microcontrollers, each of which can be a discrete chip or distributed amongst (and a portion of) a number of different chips,” and “Processor 206 can interface with communication circuitry 241 and 242.”). In summary, the communication circuitry responsible for BT and NFC communication can be implemented in a reader device as two chips/components comprising respective elements, e.g., processor, receiver, transmitter, etc., that are configured to provide the communication signals in BT and NFC mode.
As such, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the device of Hua-Jung, such that the sensor electronics system comprises a first processor for controlling the first communication mode and second processor for controlling the second communication mode, as taught and/or suggested by Hua, to aid in maintaining communication compliance with wireless protocol requirements (see para. [0006]).
Regarding claim 2, Hua teaches wherein the electromagnetic signal generating component comprises an electrically conductive coil having one or more loops, the coil having a first end and a second end (see para. [0046-47], the communication circuitry includes loop antennas).
Regarding claim 3, Hua teaches wherein the first signal feed point is at one of the first and second ends (see para. [0046-47], one of ordinary skill in the art understands that there must be a first end and second end to which the feedlines connect in a loop antenna).
Regarding claim 6, Hua teaches wherein in the second communication mode the electromagnetic signal generating component is configured to operate as a dipole antenna (see para. [0047,60], the signal generating component for either communication mode can be a dipole antenna).
Regarding claim 7, Hua teaches wherein in the second communication mode the sensor electronics system is configured for wireless communication according to a Bluetooth or Bluetooth Low Energy protocol (see para. [0028], either communication mode can be configured to communicate according to Bluetooth or BLE protocol).
Regarding claim 8, Hua teaches wherein in the first communication mode the electromagnetic signal generating component is configured to operate as an inductive antenna (see para. [0047], the signal generating component can be configured to operate as an inductive/loop antenna).
Regarding claim 9, Hua teaches wherein in the first communication mode the sensor electronics system is configured for wireless communication according to an NFC or RFID protocol (see para. [0025,0028], NFC and RFID protocols can be established).
Claims 4-5 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Hua in view of Jung, as applied to claim 2, and further in view of Larsen et al. (US 20120182198- Previously cited), hereinafter Larsen.
Regarding claims 4-5, Hua-Jung fail to teach wherein the second signal feed point is at a location on the coil between and/or substantially midway from the first and second ends.
Larsen teaches an antenna configuration with two ends (see abstract). The configuration further comprises a second signal feed point (106) that is between the first/second ends (102,104) (see fig. 1A-1B). The feed point is substantially midway between the first/second ends (see Id.).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the device of Hua-Jung, such that the second signal feed point is substantially between the first and second ends, as taught by Larsen, because Hua requires an antenna, but fails to provide details. Larsen teaches the antenna can be configured with a second signal feed point to aid in providing a single antenna capable of operating different communication protocols (see para. [0003-5]).
Regarding claim 10, Hua-Jung fail to teach wherein the coil comprises two or three or four or more loops configured in a substantially coplanar layer.
Larsen teaches the coil comprises at least 2 loops configured in a coplanar layer (see figs. 1A-1B and para. [0028-30]).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the device of Hua-Jung, such that the coil comprises at least 2 loops configured in a coplanar layer, as taught by Larsen, as it would merely be substituting of one known element (coil with 2 loops configured in a coplanar layer) for another (loop antenna) to obtain predictable results.
Regarding claim 11, Hua-Jung fail to teach wherein the coil comprises two or three or four or more loops configured in a parallel layer.
Larsen teaches the coil comprises at least 2 loops configured in a parallel layer (see figs. 1A-1B and para. [0028-30]).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the device of Hua-Jung, such that the coil comprises at least 2 loops configured in a parallel layer, as taught by Larsen, as it would merely be substituting of one known element (coil with 2 loops configured in a parallel layer) for another (loop antenna) to obtain predictable results.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Hua in view of Jung, as applied to claim 1, and further in view of Yamagishi et al. (US 20190042811), hereinafter Yamagishi.
Regarding claim 12, Hua-Jung fail to teach wherein the electromagnetic signal generating component is provided on a plurality of substrate layers of a substrate, wherein at least two of the plurality of substrate layers are electrically connected by one or more vias.
Yamagishi teaches an antenna device for NFC communication (abstract). The antenna device comprises at least two antenna substrate layers (20,50) that each comprise an FPC substrate layer (53,23), wherein each FPC substrate layer (52,23) are electrically connected by a via/contact hole (see para. [0053,0060-71] and fig. 6-10, “the antenna line of either one of the antenna patterns goes through a contact hole formed in the FPC substrate 23 to be arranged in another layer of the FPC substrate 23” “the antenna line of either one of the antenna patterns goes through a contact hole formed in the FPC substrate 53 to be arranged in another layer of the FPC substrate 53”).
As such it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the system of Hua-Jung, such that the electromagnetic signal generating component is provided on a plurality of substrate layers of a substrate, wherein at least two of the plurality of substrate layers are electrically connected by one or more vias, as taught by Yamagishi, because Hua requires an antenna, but fails to provide details, and Yamagishi teaches that an antenna can be configured with multiple substrate layers electrically connected by vias.
Regarding claim 13, Hua-Jung fail to teach wherein the plurality of substrate layers comprises two outer substrate layers and two inner substrate layers, and wherein the electromagnetic signal generating component is provided on one or both of the two inner substrate layers of the plurality of substrate layers.
In Yamagishi, the substrate layers include (10, 50, 20, 30 in fig. 6), the inner substrate layers (20,50) are provided with the electromagnetic signal generating component/antennas (see para. [0038-40], liquid crystal panel and Ex, Ey are formed of insulative/substrate layers).
As such, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the device of Hua-Jung-Yamagishi, such that there are 4 linearly stacked substrate layers and one of the inner layers comprises a signal generating component, as taught by Yamagishi, because Hua requires an antenna, but fails to provide details, and Yamagishi teaches that the antenna can be constructed with two outer substrate layers and two inner substrate layers with electromagnetic signal generating components provided thereon.
Response to Arguments
Applicant's arguments filed 12/19/2025 have been fully considered but they are not persuasive.
Applicants arguments and amendments regarding objections to the drawings, claim objections, and 35 USC 112(f) have been considered and found persuasive. As such, the above have been withdrawn.
Applicant’s arguments with respect to rejection of independent claim 1 and amended claims 12-13 have been considered but are moot because amendments require new grounds of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yamagajo et al. teaches a wireless frequency tag includes a loop-shaped antenna pattern that is electrically connected to a chip connecting section, and a conducting member that electrically couples a part of the antenna pattern. A wireless frequency tag includes a loop-shaped antenna pattern that is electrically connected to a chip connecting section, and a conducting member that electrically couples a part of the antenna pattern. US 20100127085
Finn teaches transponder chip modules (TCM) may consist of several component elements, such components may comprise of a laser ablated antenna or antennas on a flexible or rigid substrate hereinafter called an antenna substrate which is later attached or mounted to the module tape (MT). Such antenna substrate may have an opening or window to accept a chip (CM) and holes to allow for wire bonds to be connected through the substrate to the underside of the module tape. US 20150278675
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARTIN NATHAN ORTEGA whose telephone number is (571)270-7801. The examiner can normally be reached M-F 7:10 am - 5:00 pm.
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, Robert (Tse) Chen can be reached at (571) 272-3672. 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.
/MARTIN NATHAN ORTEGA/Examiner, Art Unit 3791 /TSE W CHEN/Supervisory Patent Examiner, Art Unit 3791