DETAILED ACTION
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 .
Response to Amendment
2. According to the Amendment, filed 03 June 2026, the status of the claims is as follows:
Claims 1 are currently amended;
Claims 2-5 and 7-13 are as originally filed;
Claims 14-20 are withdrawn; and
Claim 6 is cancelled.
Response to Arguments
3. Applicant’s arguments, see Remarks, p. 6, filed 03 June 2026, with respect to the rejection of claims 1-13 under 35 U.S.C. 102(a)(1) as being anticipated by Bernstein et al., U.S. Patent Application Publication No. 2011/0213225 A1, have been fully considered in view of the Amendment, filed 03 June 2026, but they are not persuasive.
Applicant contends, see Remarks, p. 6, the following:
Claim 1 has been rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bernstein. Claim 6 has also been rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bernstein. Specifically, the Office Action states Bernstein discloses "wherein the planar portion ('PCB') 911 has an opening ('hole') 915 to accommodate at least a portion of a glucose sensor." (Office Action, Page 6). The Office Action separately mapped the "planar portion" to Bernstein's "("substrate") 1002." (Office Action, Page 3).
Claim 1 has been amended to recite "wherein the planar portion has an opening configured to accommodate a sensor operable to be inserted into a human body during operation of the glucose monitoring device." Bernstein discloses a "printed circuit board 911" that "may include a hole 915," but does not disclose an antenna comprising a planar portion wherein the planar portion has an opening. The Office Action acknowledges Bernstein's antenna is "a PCB copper trace or the like, provided on a substrate 1002." A hole 915 located in a printed circuit board 911 is not an opening in the planar portion of the antenna itself. As such, Bernstein fails to disclose amended claim 1.
However, respectfully, this argument is not persuasive. Based on broadest reasonable interpretation, Bernstein teaches the claimed subject matter, as follows:
wherein the planar portion (“PCB 1102”, also referred to “printed circuit board 911”) 1102/911 (see “FIG. 11 illustrates a top planar view of an antenna layout on the circuit board of on body electronics in certain alternate embodiments. Referring to FIG. 11, compared to antenna 1010 of FIGS. 10A and 10B, antenna 1110 of the on body electronics shown in FIG. 11 may be provided around only a portion or section of the outer periphery of PCB 1102, and radially wound substantially around the portion or section of the outer periphery of PCB 1102. For example, as shown in FIG. 11, the conductive trace forming the antenna 1110 may be provided in a looped, threaded manner such that the continuous trace is alternatingly provided on the top and the bottom surfaces of PCB 1102 along the portion of its outer edge or periphery, and/or threaded through the PCB 1102 repeatedly with each loop about the periphery of PCB 1102.” in para. [0155]) has an opening (“hole”) 915 configured to accommodate a sensor (“analyte sensor”) 901 operable to be inserted into a human body during operation of the glucose monitoring device 110 (see “Referring to the Figures, in certain embodiments, the analyte sensor 901 is electrically connected to the printed circuit board 911 during manufacturing of the on body patch assembly such that the position of the analyte sensor 901 is fixed relative to the printed circuit board 911 prior to and during use. 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]).
Specifically, Bernstein teaches that the planar portion (“PCB”) 1102/911 has an opening (“hole”) 915 configured to accommodate a sensor (“analyte sensor”) 901 (see “for guiding and/or aligning insertion needle assembly 930 (FIG. 9E) and the sensor distal portion 903” in para. [0146]). The “PCB 911” in fig. 9 exemplifies the embodiment of “PCB 1102” in fig. 11.
For this reason, the rejection is maintained below.
Claim Rejections - 35 USC § 102
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 1-5 and 7-13 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, 10B, and 11; and see figs. 1 and 2A), comprising:
an antenna (“antenna”) 1010/1110 (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; and see “Referring to FIG. 11, compared to antenna 1010 of FIGS. 10A and 10B, antenna 1110 of the on body electronics shown in FIG. 11 may be provided around only a portion or section of the outer periphery of PCB 1102, and radially wound substantially around the portion or section of the outer periphery of PCB 1102.” in para. [0155], and fig. 11) comprising a planar portion (“PCB 1102”, also referred to “printed circuit board 911”) 1102/911 (see “FIG. 11 illustrates a top planar view of an antenna layout on the circuit board of on body electronics in certain alternate embodiments. Referring to FIG. 11, compared to antenna 1010 of FIGS. 10A and 10B, antenna 1110 of the on body electronics shown in FIG. 11 may be provided around only a portion or section of the outer periphery of PCB 1102, and radially wound substantially around the portion or section of the outer periphery of PCB 1102. For example, as shown in FIG. 11, the conductive trace forming the antenna 1110 may be provided in a looped, threaded manner such that the continuous trace is alternatingly provided on the top and the bottom surfaces of PCB 1102 along the portion of its outer edge or periphery, and/or threaded through the PCB 1102 repeatedly with each loop about the periphery of PCB 1102.” in para. [0155]);
wherein the antenna 1010/1110 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]);
wherein the planar portion (“PCB 1102”, also referred to “printed circuit board 911”) 1102/911 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]); and
wherein the planar portion (“PCB 1102”, also referred to “printed circuit board 911”) 1102/911 (see “FIG. 11 illustrates a top planar view of an antenna layout on the circuit board of on body electronics in certain alternate embodiments. Referring to FIG. 11, compared to antenna 1010 of FIGS. 10A and 10B, antenna 1110 of the on body electronics shown in FIG. 11 may be provided around only a portion or section of the outer periphery of PCB 1102, and radially wound substantially around the portion or section of the outer periphery of PCB 1102. For example, as shown in FIG. 11, the conductive trace forming the antenna 1110 may be provided in a looped, threaded manner such that the continuous trace is alternatingly provided on the top and the bottom surfaces of PCB 1102 along the portion of its outer edge or periphery, and/or threaded through the PCB 1102 repeatedly with each loop about the periphery of PCB 1102.” in para. [0155]) has an opening (“hole”) 915 configured to accommodate a sensor (“analyte sensor”) 901 operable to be inserted into a human body during operation of the glucose monitoring device 110 (see “Referring to the Figures, in certain embodiments, the analyte sensor 901 is electrically connected to the printed circuit board 911 during manufacturing of the on body patch assembly such that the position of the analyte sensor 901 is fixed relative to the printed circuit board 911 prior to and during use. 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 2, Bernstein teaches the following:
wherein the antenna (“antenna”) 1010/1110 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 1102/911 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 7, Bernstein teaches the following:
wherein the planar portion 1102/911 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. 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.
7. 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 08/22/2026
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