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 § 102
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 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.
Claim(s) 1-20 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2016/0328990 A1 to Simpson et al. (“Simpson”).
As to claim 1, Simpson discloses a blood component monitoring device configured to monitor a blood component, the blood component monitoring device comprising:
a concentration acquisition circuit configured to acquire a glucose correlation value that correlates with a blood glucose concentration and a neutral lipid correlation value that correlates with a blood neutral lipid concentration (see [0063] – “The first sensor device may be configured to measure glucose and the second sensor device may be configured to measure an analyte selected from the group consisting of: ketones, triglycerides, glycerol, lactate, lactic acid, cortisol, testosterone, and combinations thereof.”); and
an information generation circuit configured to generate information related to blood status based on at least one of variation patterns of the glucose correlation value and the neutral lipid correlation value caused by a meal (see [0446]-[0456] – “This system may provide information as to how their diet and exercise levels impact their triglyceride levels, which correlates to the amount of excess food eaten…The individual, using the program, may learn about the impact of different foods and/or exercise and be motivated by an immediate feedback for a suggested lifestyle adjustment. For example, a user may be alerted to excess fat in their diet, and may be suggested to lower their fat intake. In the same way, particularly if glucose is measured at the same time, a user may be alerted to excess sugar in their diet, and may be directed to lower their sugar intake.”).
As to claim 2, Simpson further discloses wherein
the concentration acquisition circuit is configured to acquire a temporal change of the glucose correlation value and the neutral lipid correlation value by continuously acquiring the glucose correlation value and the neutral lipid correlation value (see [0456] – “Inputs to the program may include measured triglyceride and optionally glucose levels, including levels over time. After following the program, results can be evaluated and the program can be modified to iteratively move the user closer to the desired goal.”).
As to claim 3, Simpson further discloses wherein the information generation circuit is configured to generate the information related to blood status based on combination of variation patterns of the glucose correlation value and the neutral lipid correlation value (see [0456] – “In this way, a user can more easily and effectively learn how to lose weight based on their unique physiology and lifestyle patterns in order to improve their health, without the complexities and costs associated with a clinical professional. Such needs are generally individualized and are not capable of being understood without an appropriate computing environment to measure the individual's response to a sufficient number of performance impact variables.”).
As to claim 4, Simpson further discloses wherein the information generation circuit is configured to generate the information related to blood status based on combination of variation patterns of the glucose correlation value and the neutral lipid correlation value (see [0456] – “In this way, a user can more easily and effectively learn how to lose weight based on their unique physiology and lifestyle patterns in order to improve their health, without the complexities and costs associated with a clinical professional. Such needs are generally individualized and are not capable of being understood without an appropriate computing environment to measure the individual's response to a sufficient number of performance impact variables.”).
As to claim 5, Simpson further discloses wherein the information generation circuit is configured to generate the information related to blood status, when at least one of the glucose correlation value and the neutral lipid correlation value exceeds a predetermined value ([0252]--“As noted, depending on the type of event, e.g., a high glucose value traversing to hypoglycemia, or the like, the alert displayed may differ. For example, if the event is an excursion from a high glucose state to hypoglycemia, e.g., 294 mg/dL to 46 mg/dL, the message might be “We noticed a wide glucose excursion, would you like to enter meal and/or insulin information for this event?”.”). .
As to claim 6, Simpson further discloses wherein the information generation circuit is configured to generate the information related to blood status, when at least one of the glucose correlation value and the neutral lipid correlation value exceeds a predetermined value ([0252]--“As noted, depending on the type of event, e.g., a high glucose value traversing to hypoglycemia, or the like, the alert displayed may differ. For example, if the event is an excursion from a high glucose state to hypoglycemia, e.g., 294 mg/dL to 46 mg/dL, the message might be “We noticed a wide glucose excursion, would you like to enter meal and/or insulin information for this event?”.”).
As to claim 7, Simpson further discloses wherein the information generation circuit is configured to generate the information related to blood status, when at least one of the glucose correlation value and the neutral lipid correlation value exceeds a predetermined value ([0252]--“As noted, depending on the type of event, e.g., a high glucose value traversing to hypoglycemia, or the like, the alert displayed may differ. For example, if the event is an excursion from a high glucose state to hypoglycemia, e.g., 294 mg/dL to 46 mg/dL, the message might be “We noticed a wide glucose excursion, would you like to enter meal and/or insulin information for this event?”.”).
As to claim 8, Simpson further discloses wherein
the information generation circuit is configured to generate the information related to blood status, when at least one of the glucose correlation value and the neutral lipid correlation value exceeds a predetermined value ([0252]--“As noted, depending on the type of event, e.g., a high glucose value traversing to hypoglycemia, or the like, the alert displayed may differ. For example, if the event is an excursion from a high glucose state to hypoglycemia, e.g., 294 mg/dL to 46 mg/dL, the message might be “We noticed a wide glucose excursion, would you like to enter meal and/or insulin information for this event?”.”).
As to claim 9, Simpson further discloses wherein the information generation circuit is configured to generate the information related to blood status for matters related to a meal when the glucose correlation value exceeds a first threshold value ([0252]--“As noted, depending on the type of event, e.g., a high glucose value traversing to hypoglycemia, or the like, the alert displayed may differ. For example, if the event is an excursion from a high glucose state to hypoglycemia, e.g., 294 mg/dL to 46 mg/dL, the message might be “We noticed a wide glucose excursion, would you like to enter meal and/or insulin information for this event?”.”). .
As to claim 10, Simpson further discloses wherein the information generation circuit is configured to generate the information related to blood status for matters related to a meal when the glucose correlation value exceeds a first threshold value ([0252]--“As noted, depending on the type of event, e.g., a high glucose value traversing to hypoglycemia, or the like, the alert displayed may differ. For example, if the event is an excursion from a high glucose state to hypoglycemia, e.g., 294 mg/dL to 46 mg/dL, the message might be “We noticed a wide glucose excursion, would you like to enter meal and/or insulin information for this event?”.”). .
As to claim 11, Simpson further discloses wherein the information generation circuit is configured to generate the information related to blood status for matters related to a meal when the glucose correlation value exceeds a first threshold value ([0252]--“As noted, depending on the type of event, e.g., a high glucose value traversing to hypoglycemia, or the like, the alert displayed may differ. For example, if the event is an excursion from a high glucose state to hypoglycemia, e.g., 294 mg/dL to 46 mg/dL, the message might be “We noticed a wide glucose excursion, would you like to enter meal and/or insulin information for this event?”.”). .
As to claim 12, Simpson further discloses wherein the information generation circuit is configured to generate the information related to blood status for matters related to a meal when the glucose correlation value exceeds a first threshold value ([0252]--“As noted, depending on the type of event, e.g., a high glucose value traversing to hypoglycemia, or the like, the alert displayed may differ. For example, if the event is an excursion from a high glucose state to hypoglycemia, e.g., 294 mg/dL to 46 mg/dL, the message might be “We noticed a wide glucose excursion, would you like to enter meal and/or insulin information for this event?”.”). .
As to claim 13, Simpson further discloses wherein the information generation circuit is configured to generate the information related to blood status for matters related to a meal when the glucose correlation value exceeds a first threshold value ([0252]--“As noted, depending on the type of event, e.g., a high glucose value traversing to hypoglycemia, or the like, the alert displayed may differ. For example, if the event is an excursion from a high glucose state to hypoglycemia, e.g., 294 mg/dL to 46 mg/dL, the message might be “We noticed a wide glucose excursion, would you like to enter meal and/or insulin information for this event?”.”). .
As to claim 14, Simpson further discloses wherein the information generation circuit is configured to generate the information related to blood status for reducing a speed of eating a meal when the glucose correlation value exceeds the first threshold value (see [0318]).
As to claim 15, Simpson further discloses wherein the information generation circuit is configured to generate advice to encourage user to participate in physical activity among the information related to blood status when the neutral lipid correlation value exceeds a second threshold value (see [0452]).
As to claim 16, Simpson further discloses wherein the information generation circuit is configured to generate advice to encourage user to participate in physical activity among the information related to blood status when the neutral lipid correlation value exceeds a second threshold value (see [0452]).
As to claim 17, Simpson further discloses wherein the information generation circuit is configured generate advice to encourage user to participate in physical activity among the information related to blood status when the neutral lipid correlation value exceeds a second threshold value (see [0452]).
As to claim 18, Simpson further discloses wherein the information generation circuit is configured to generate advice to encourage user to participate in physical activity among the information related to blood status when the neutral lipid correlation value exceeds a second threshold value (see [0452]).
As to claim 19, Simpson discloses a non-transitory computer-readable recording medium including a blood component monitoring program configured to cause a processor to monitor a blood component to execute:
a concentration acquisition procedure of acquiring a glucose correlation value that correlates with a blood glucose concentration and a neutral lipid correlation value that correlates with a blood neutral lipid concentration; and
an information generation procedure of generating information related to blood status based on at least one of variation patterns of the glucose correlation value and the neutral lipid correlation value caused by a meal.
As to claim 20, Simpson discloses a blood component monitoring system having a plurality of devices for monitoring a blood component, the blood component monitoring system comprising:
a concentration acquisition circuit configured to acquire a glucose correlation value that correlates with a blood glucose concentration and a neutral lipid correlation value that correlates with a blood neutral lipid concentration (see [0063] – “The first sensor device may be configured to measure glucose and the second sensor device may be configured to measure an analyte selected from the group consisting of: ketones, triglycerides, glycerol, lactate, lactic acid, cortisol, testosterone, and combinations thereof.”); and
an information generation circuit configured to generate information related to blood status based on at least one of variation patterns of the glucose correlation value and the neutral lipid correlation value caused by a meal (see [0446]-[0456] – “This system may provide information as to how their diet and exercise levels impact their triglyceride levels, which correlates to the amount of excess food eaten…The individual, using the program, may learn about the impact of different foods and/or exercise and be motivated by an immediate feedback for a suggested lifestyle adjustment. For example, a user may be alerted to excess fat in their diet, and may be suggested to lower their fat intake. In the same way, particularly if glucose is measured at the same time, a user may be alerted to excess sugar in their diet, and may be directed to lower their sugar intake.”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eric Messersmith whose telephone number is (571)270-7081. The examiner can normally be reached M-F, 830am-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, JACQUELINE CHENG can be reached at 571-272-5596. 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.
/ERIC J MESSERSMITH/Primary Examiner, Art Unit 3791