CTNF 18/600,507 CTNF 93536 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1, 2, 7-9, and 14-16 are rejected under 35 U.S.C. 102( A)(1 ) as being anticipated by Desborough et al (US 2017/0203037) . Regarding claim 1 , Desborough discloses: A system (Fig. 1) for estimating blood glucose with increased accuracy (¶0094) , the system comprising: one or more processors (241; Fig. 5B; ¶0181) ; and one or more processor-readable media storing instructions which, when executed by the one or more processors (241) , cause performance of: obtaining a sensor glucose value (¶0106 – sensor collects glucose values ) ; calculating a sensor glucose rate of change based on the sensor glucose value (¶0150 – estimated rate of change ) ; determining an estimated glucose bias value corresponding to the sensor glucose rate of change based on applying, to the sensor glucose rate of change, a predictive model for estimating glucose bias values corresponding to differences between actual blood glucose levels and contemporaneous sensor glucose values (¶0150-0151 – interpolated and predictive calibrations can be applied to the glucose readings in order to fill gaps in the measured data ) ; and adjusting the sensor glucose value based on accounting for the estimated glucose bias value (¶0150 – the sensor data can be adjusted to interpolate and therefore calibrate the sensor of the system ) . Regarding claim 2 , Desborough discloses: The system of claim 1, wherein the one or more processor-readable media further store instructions which, when executed by the one or more processors, cause performance of: calculating an insulin dosage based on the adjusted sensor glucose value (¶0153-0155 – different adjustments to the sensor reading and profile alter the rate of delivery for insulin to a patient ) ; and causing delivery of the insulin dosage based on communicating the insulin dosage to an insulin delivery device or a user of the insulin delivery device (272; Fig. 2; ¶0153) . Regarding claim 7 , Desborough discloses: The system of claim 1, wherein the one or more processor-readable media further store instructions which, when executed by the one or more processors, cause performance of: presenting the adjusted sensor glucose value to a user (¶0111 – the adjusted basal delivery profiles include the adjusted sensor glucose data and are therefore presented to the user at step 265) . Regarding claim 8 , Desborough discloses: A processor-implemented method for estimating blood glucose with increased accuracy (¶0094) , the method comprising: obtaining a sensor glucose value (¶0106 – sensor collects glucose values ) ; calculating a sensor glucose rate of change based on the sensor glucose value (¶0150 – estimated rate of change ) ; determining an estimated glucose bias value corresponding to the sensor glucose rate of change based on applying, to the sensor glucose rate of change, a predictive model for estimating glucose bias values corresponding to differences between actual blood glucose levels and contemporaneous sensor glucose values (¶0150-0151 – interpolated and predictive calibrations can be applied to the glucose readings in order to fill gaps in the measured data ) ; and adjusting the sensor glucose value based on accounting for the estimated glucose bias value (¶0150 – the sensor data can be adjusted to interpolate and therefore calibrate the sensor of the system ) . Regarding claim 9 , Desborough discloses: The method of claim 8, further comprising: calculating an insulin dosage based on the adjusted sensor glucose value (¶0153-0155 – different adjustments to the sensor reading and profile alter the rate of delivery for insulin to a patient ) ; and causing delivery of the insulin dosage based on communicating the insulin dosage to an insulin delivery device or a user of the insulin delivery device (272; Fig. 2; ¶0153 . Regarding claim 14 , Desborough discloses: The method of claim 8, further comprising: presenting the adjusted sensor glucose value to a user (¶0111 – the adjusted basal delivery profiles include the adjusted sensor glucose data and are therefore presented to the user at step 265) . Regarding claim 15 , Desborough discloses: One or more processor-readable media storing instructions which, when executed by one or more processors (241; Fig. 5B; ¶0181) , cause performance of: obtaining a sensor glucose value (¶0106 – sensor collects glucose values ) ; calculating a sensor glucose rate of change based on the sensor glucose value (¶0150 – estimated rate of change ) ; determining an estimated glucose bias value corresponding to the sensor glucose rate of change based on applying, to the sensor glucose rate of change, a predictive model for estimating glucose bias values corresponding to differences between actual blood glucose levels and contemporaneous sensor glucose values (¶0150-0151 – interpolated and predictive calibrations can be applied to the glucose readings in order to fill gaps in the measured data ) ; and adjusting the sensor glucose value based on accounting for the estimated glucose bias value (¶0150 – the sensor data can be adjusted to interpolate and therefore calibrate the sensor of the system ) . Regarding claim 16 , Desborough discloses: The one or more processor-readable media of claim 15, further storing instructions which, when executed by the one or more processors, cause performance of: calculating an insulin dosage based on the adjusted sensor glucose value (¶0153-0155 – different adjustments to the sensor reading and profile alter the rate of delivery for insulin to a patient ) ; and causing delivery of the insulin dosage based on communicating the insulin dosage to an insulin delivery device or a user of the insulin delivery device (272; Fig. 2; ¶0153) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 3-6, 10-13, and 17-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TASNIM M AHMED whose telephone number is (571)272-9536. The examiner can normally be reached M-F 9am-5pm Pacific time. 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, Bhisma Mehta can be reached at (571)272-3383. 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. /TASNIM MEHJABIN AHMED/Primary Examiner, Art Unit 3783 Application/Control Number: 18/600,507 Page 2 Art Unit: 3783
Prosecution Insights