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 § 101
Claims 1-15 are eligible. Independent claims 1 and 8 when viewed as a whole or in ordered combination integrates the judicial exception, mental process (claims cover concepts performed in the human mind, including observation, evaluation, judgment, and opinion) into a practical application, e.g. to control operation of the non-invasive RF analyte detection device during the analyte detection routine.
Claim Rejections - 35 USC § 103
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.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Bosua et al. (USPAP. 20220287595)(hereinafter ‘Bosua) and Ahmad (USPAP 20160370377).
Regarding claims 1 and 8, Bosua discloses a non-invasive analyte detection system, comprising: a non-invasive radio-frequency (RF) analyte detection device that includes one or more transmit antennas (11) configured to transmit RF analyte detection signals (21)from the one or more transmit antennas into a user, and one or more receive antennas that receive return RF analyte signals that result from the RF analyte detection signals transmitted into the user; the non-invasive RF analyte detection device is configured to perform an analyte detection routine using the one or more transmit antennas and the one or more receive antennas (receive antennas 13 at Par. 54 and Fig. 1) (Pars. 54-59, 106, 112-134 and Figs. 1, 9-12, and 15-17);
an analog-to-digital converter (Pars. 119-121: processor 210 is a digital signal processor, Fig. 15) connected to the one or more receive antennas;
a database in communication with the non-invasive RF analyte detection device and containing data used to control operation of the non-invasive RF analyte detection device during the analyte detection routine;
Bosua discloses at paragraphs [0047], [0106]-[0134] and figures 15-17: the data storage (214) stores one or more analyte databases established from analyte data obtained from the sensor (5) and a second analyte sensor (208) configured to detect a different analyte, wherein the analytes indicate a possible or actual abnormal medical condition; However, Bosua does not explicitly disclose that “the database contains a plurality of analyte monitoring data entries that differ from one another, each analyte monitoring data entry includes a reason for conducting the analyte detection routine, a type of disease condition being monitored, a first specific analyte, and a second specific analyte.”
Ahmad teaches “the database contains a plurality of analyte monitoring data entries that differ from one another, each analyte monitoring data entry includes a reason for conducting the analyte detection routine, a type of disease condition being monitored, a first specific analyte, and a second specific analyte” (Ahmad: Pars. 48, 77, and 159; Fig. 1 teaches measures a breath
acetone level for different purposes such as adherence to a ketogenic diet for cancer management, adherence to a ketogenic diet for epilepsy management, detecting, monitoring and preventing diabetic ketoacidosis, and monitoring adherence to a diet or exercise program with different normal acetone ranges, wherein the system (10) is provided for sensing at least two analytes in a breath).
It would have been obvious to one of ordinary skilled in the art at the time of filling the Application to modify Bosua's invention using Ahmad's invention to arrive at the claimed invention specified in claim to o process parameter data and generate a compensation factor for effecting a modification of the measurement signal to compensate for a compensation variable may comprise using the remote system to process the at least one of the measurement device data and the measurement data to generate the compensation factor, and modifying the measurement signal using the compensation factor, and the method may further comprise communicating the modified measurement signal to the communications device (Ahmad: Par. 30).
Regarding claims 2 and 10, Bosua and Ahmad disclose everything as applied above. In addition, Bosua discloses wherein each analyte monitoring data entry further includes a frequency of a first RF analyte detection signal associated with the first analyte, and a frequency of a second RF analyte detection signal associated with the second analyte (Pars. 101-104).
Regarding claims 3 and 11, Bosua and Ahmad discloses everything as applied above. In addition, Bosua discloses wherein each analyte monitoring data entry further includes a frequency of a return RF analyte signal associated with the first RF analyte detection signal and a frequency of a return RF analyte signal associated with the second RF analyte detection signal (Pars. 101-104).
Regarding claims 4 and 12, Bosua and Ahmad disclose everything as applied above. In addition, Bosua discloses wherein each analyte monitoring data entry further includes a time at which the first RF analyte detection signal is to be sent, and a time at which the second RF analyte detection signal is to be sent (Bosua: Pars. 101-104, 114, 115).
Regarding claims 5 and 13, Bosua and Ahmad disclose everything as applied above. In addition, Bosua discloses wherein each analyte monitoring data entry further includes a duration that the first RF analyte detection signal should last, and a duration that the second RF analyte detection signal should last (Bosua: Pars. 114 and 115).
Regarding claims 6 and 14, Bosua and Ahmad discloses everything as applied above. In addition, Bosua discloses a readings database in communication with the non-invasive RF analyte detection device and containing data regarding the first specific analyte and the second specific analyte obtained by the non-invasive RF analyte detection device during the analyte detection routine (Pars. 127-131);
a rules database that contains data that is compared with the data in the readings database, the rules database contains a plurality of rule data entries that differ from one another (Bosua: Pars. 128-134);
each rule data entry includes the reason for conducting the analyte detection routine, the type of disease condition being monitored, the first specific analyte, a range for the first specific analyte, the second specific analyte, and a range for the second specific analyte (Pars. 114-116 and 128-134).
Regarding claims 7 and 15, Bosua and Ahmad disclose everything as applied above. In addition, Bosua discloses wherein each rule data entry further includes a notification (Par. 91: display screen for displaying data such as results).
Regarding claim 9, Bosua and Ahmad disclose everything as applied above. In addition, Bosua discloses using the obtained electronic analyte monitoring data to control the non-invasive RF analyte detection device to perform the analyte detection routine (Pars. 103, 116: sensing/detecting routine).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 2022157706 (Submitted by Applicants) discloses a computing system and/or a method for using a risk assessment to provide a notification. A biomarker may be received for a patient from a sensing system. A data collection that includes pre-surgical data received for a patient. A probability of a patient outcome due to a surgery performed on the patient may be determined using the biomarker and the data collection. A notification is sent to a user, which indicates the probability of the surgical complication may exceed a threshold (Abstract and Pages 5-9).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG HUYNH whose telephone number is (571)272-2718. The examiner can normally be reached M-F: 9:00AM-5:30PM.
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, Andrew M Schechter can be reached at 571-272-2302. 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.
/PHUONG HUYNH/Primary Examiner, Art Unit 2857 September 4, 2026
Prosecution Insights