Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. Applicant’s election without traverse of Group I, claims 1-13, in the reply filed on 27 January 2026 is acknowledged.
Claims 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 102
3. 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.
4. 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.
5. Claims 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bernstein et al., U.S. Patent Application Publication No. 2011/0213225 A1 (“Bernstein”).
As to Claim 1, Bernstein teaches the following:
An antenna assembly (“an antenna and electronic circuit layout”, not labeled) for use in a glucose monitoring device (“on body electronics”) 110 (see “FIGS. 10A and 10B illustrate a top planar view and a cross sectional view, respectively, of an antenna and electronic circuit layout of the on body electronics for use in the analyte monitoring system 100 of FIG. 1 in certain embodiments.” in para. [0153], see figs. 10A and 10B; and see figs. 1 and 2A), comprising:
an antenna (“antenna”) 1010 comprising a planar portion (“substrate”) 1002 (see “Referring to FIGS. 10A and 10B, antenna 1010 in certain embodiments includes a conductive material 1001, such as a PCB copper trace or the like, provided on a substrate 1002, …” in para. [0153], and fig. 10B);
wherein the antenna 1010 is disposed between a circuit board (“ASIC and/or microprocessor”) 1004 of the glucose monitoring device 110 (see fig. 10B, and see “Also shown in FIGS. 10A and 10B is ASIC and/or microprocessor 1004 in electrical communication with the conductive layer 1001 for processing signals from an in vivo analyte sensor (not shown) and interfacing with the sensor in addition to processing the commands or signals from display device 120 (FIG. 1) and generating and/or providing the response data packet to display device 120.” in para. [0154]) and a surface (bottom surface, not labeled of “on body electronics 110” in fig. 2A) of the glucose monitoring device 110 operable to be placed adjacent to a human body during operation of the glucose monitoring device 110 (see “FIG. 1 is insertion device 150 that, when operated, transcutaneously positions a portion of analyte sensor 101 through a skin surface and in fluid contact with ISF, and positions on body electronics 110 and adhesive layer 140 on a skin surface In certain embodiments, on body electronics 110, analyte sensor 101 and adhesive layer 140 are sealed within the housing of insertion device 150 before use, and in certain embodiments, adhesive layer 140 is also sealed within the housing or itself provides a terminal seal of the insertion device 150.” in para. [0086]); and
wherein the planar portion 1002 is operable to act as a ground plane for the antenna assembly (see “In the manner described above and shown in conjunction with FIGS. 10A-10B and 11, in certain embodiments, on body electronics antenna 1010, 1110 may be printed as an internal conductive layer of PCB surrounded by the ground plane on the top and bottom layers of PCB.” in para. [0157]).
As to Claim 2, Bernstein teaches the following:
wherein the antenna 1010 is a stamped metal antenna (see “Referring to FIGS. 10A and 10B, antenna 1010 in certain embodiments includes a conductive material 1001, such as a PCB copper trace or the like, provided on a substrate 1002,…” in para. [0153]; and see “Alternatively, antenna for on body electronics may be printed on the top substrate 1002 in series with a plurality of inductors 1003a-1003e as shown in FIGS. 10A and 10B.” in para. [0157]).
As to Claim 3, Bernstein teaches the following:
a trace antenna on the circuit board (see “Referring to FIGS. 10A and 10B, antenna 1010 in certain embodiments includes a conductive material 1001, such as a PCB copper trace or the like, provided on a substrate 1002,…” in para. [0153]).
As to Claim 4, Bernstein teaches the following:
wherein the planar portion acts as a ground plane for the trace antenna (see “In the manner described above and shown in conjunction with FIGS. 10A-10B and 11, in certain embodiments, on body electronics antenna 1010, 1110 may be printed as an internal conductive layer of PCB surrounded by the ground plane on the top and bottom layers of PCB.” in para. [0157]).
As to Claim 5, Bernstein teaches the following:
wherein the antenna (“antenna”) 390 comprises a plurality of tabs (“notches”) 310 to connect the antenna to the circuit board (“PCB”) 300 (see “Referring still to FIG. 3, in certain embodiments, an antenna 390 for wireless communication may include surface mounted inductors 391a-391j provided between each of the plurality of notches 310a-310i and 340 of PCB 300 either on a top and/or bottom surface of PCB 300, or at the edge surface of PCB 300 within notches 310a-310i, …” in para. [0123]).
As to Claim 6, Bernstein teaches the following:
wherein the planar portion (“PCB”) 911 has an opening (“hole”) 915 to accommodate at least a portion of a glucose sensor (“analyte sensor”) 901 at least partially extending from the glucose monitoring device 110 (see “For example, referring to FIGS. 9A and 9B, as shown, the analyte sensor 901 is electrically connected to the printed circuit board 911 such that the respective contact pads 904 on the analyte sensor 901 are soldered, jet bonded, or otherwise electrically connected to the respective one of the contact points 960 on the printed circuit board 911. In certain embodiments, printed circuit board 911 may include a hole 915 for guiding and/or aligning insertion needle assembly 930 (FIG. 9E) and the sensor distal portion 903.” in para. [0146]).
As to Claim 7, Bernstein teaches the following:
wherein the planar portion 1002 is separated from the circuit board 1004 by a distance when connected to the circuit board 1004 (see fig. 10B).
As to Claim 8, Bernstein teaches the following:
wherein the distance is less than about 2.9 mm (see fig. 10B and para. [0154]).
As to Claim 9, Bernstein teaches the following:
wherein the antenna assembly is operable to communicate signals over a 2.4 GHz frequency band (see “Communication protocols may use 433 MHz frequency, 13.56 MHz frequency, 2.45 GHz frequency, or other suitable frequencies for wireless communication between the on body electronics that includes electronics coupled to an analyte sensor, and display devices and/or other devices such as a personal computer.” in para. [0021]).
As to Claim 10, Bernstein teaches the following:
wherein the 2.4 GHz frequency band is associated with a short-range wireless communication protocol to a remote device (see “Communication protocols may use 433 MHz frequency, 13.56 MHz frequency, 2.45 GHz frequency, or other suitable frequencies for wireless communication between the on body electronics that includes electronics coupled to an analyte sensor, and display devices and/or other devices such as a personal computer.” in para. [0021]).
As to Claim 11, Bernstein teaches the following:
wherein the 2.4 GHz frequency band is associated with an 802.11 communication protocol to a remote device (see “Communication protocols may use 433 MHz frequency, 13.56 MHz frequency, 2.45 GHz frequency, or other suitable frequencies for wireless communication between the on body electronics that includes electronics coupled to an analyte sensor, and display devices and/or other devices such as a personal computer.” in para. [0021]).
As to Claim 12, Bernstein teaches the following:
wherein the antenna assembly demonstrates an antenna radiation efficiency of at least about 6% in a 2.4 GHz frequency band (see “Communication protocols may use 433 MHz frequency, 13.56 MHz frequency, 2.45 GHz frequency, or other suitable frequencies for wireless communication between the on body electronics that includes electronics coupled to an analyte sensor, and display devices and/or other devices such as a personal computer.” in para. [0021]).
As to Claim 13, Bernstein teaches the following:
wherein the antenna assembly demonstrates an antenna radiation efficiency of at least about 9% in a 2.4 GHz frequency band (see “Communication protocols may use 433 MHz frequency, 13.56 MHz frequency, 2.45 GHz frequency, or other suitable frequencies for wireless communication between the on body electronics that includes electronics coupled to an analyte sensor, and display devices and/or other devices such as a personal computer.” in para. [0021]).
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAVIN NATNITHITHADHA whose telephone number is (571)272-4732. The examiner can normally be reached Monday - Friday 8:00 am - 8:00 am - 4:00 pm.
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/NAVIN NATNITHITHADHA/Primary Examiner, Art Unit 3791 03/06/2026