DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claim(s) 21, 23-29, 31-34, 36-38 and 40 is/are rejected under pre-AIA 35 U.S.C. 102(a) as being anticipated by US Patent Application Publication 2009/0240193 to Mensinger et al. (Mensinger).
Claims 21, 34 and 38
With regard to a communication module configured to: receive first information from an analyte sensor system including an analyte sensor, wherein the first information is associated with one or more glucose values of the user; Mensinger teaches devices that receive information from a sensor electronics module that includes a glucose sensor (Fig. 1, display devices 14, 16, 18, 20, continuous analyte sensor system 8; pars. 98, 99, 101). Since the display device receives data transmitted by the sensor electronics module, it would include a communication module.
With regard a communication module configured to transmit second information to a display device, wherein the display device is a mobile telephone, and wherein at least some of the second information includes glucose values previously received from the analyte sensor, Mensinger teaches that data transmitted to a first display device from a sensor electronics module may be transmitted to second and third display devices (Fig. 5A, first display device, 550, second and third display devices 552, 554; par. 141). A display device may be a cell phone (par. 101; Fig. 1, display device 18; pars. 164, 165).
With regard to a display configured to display a representation of the second information associated with the one or more glucose values of the user; Mensinger teaches displaying the information including glucose information on a display of a cellphone (par. 101; Fig. 1, display device 18).
Claim 23, 36 and 40
Mensinger teaches that the wearable device is in direct wireless communication with the analyte sensor system via the communication module (par. 100).
Claim 24 and 37
Mensinger teaches that the second information displayed includes at least one of a glucose value, a glucose trend, an alert, and a time when the first information was received from the analyte sensor system (pars. 99, 100).
Claim 25
Mensinger teaches that the second information displayed includes at least one of a hypoglycemia alert and a hyperglycemia alert (par. 170).
Claim 26
Mensinger teaches a motor configured to generate a vibratory alert based on the first information received from the analyte sensor system (pars. 73, 75).
Claim 27
Mensinger teaches an audio transducer configured to generate an auditory alert based on the first information received from the analyte sensor system (pars. 73, 75).
Claim 28
Mensinger teaches an input device for enabling the user to acknowledge that the representation has been viewed (par. 119, alarms can be silenced).
Claim 29
Mensinger teaches that the display comprises a liquid crystal display (par. 119).
Claim 31
Mensinger teaches a processor configured to at least partially process the first information received from the analyte sensor system (pars. 66, 67, 102).
Claim 32
Mensinger teaches that at least part of the second information has been processed by the processor included in the wearable device (pars. 66, 67, 102).
Claim 33
Mensinger teaches that transmission between the analyte sensor system and the wearable device uses a first wireless communication protocol, wherein transmission between the wearable device and the display device uses a second wireless communication protocol, and wherein the first wireless communication protocol is different from the second wireless communication protocol (Fig. 5A, par. 141, Bluetooth, Wi-Fi, Internet).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 30 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mensinger in view of US Patent Application Publication 2009/0006133 to Weinert et al. (Weinert).
Claim 30
Mensinger teaches all the limitations of claim 21 upon which claim 30 depends. Mensinger does not teach that the communication module is further configured to transmit a second signal to an insulin pump.
Weinert teaches that a handheld device is configured to control insulin delivery by transmitting insulin delivery commands to the insulin pump (pars. 40, 41). It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the sensor data delivery, as taught by Mensinger, to include controlling an insulin pump, as taught by Weinert, because then insulin delivery would have been automatically adjusted based on the monitored insulin delivery and glucose measurements (Mensinger, pars. 41, 42).
Response to Arguments
Applicant's arguments filed 13 July 2026 have been fully considered but they are not persuasive. Applicant states that it has not been shown that Mensinger teaches or suggests "receiving, via a communication module of the wearable device, first information directly from an analyte sensor system including an analyte sensor, wherein the first information is associated with one or more glucose values of a user of the wearable device, and wherein the wearable device is a wristwatch or a wristband" and "transmitting second information to a display device, wherein the display device is a mobile telephone, and wherein at least some of the second information includes glucose values previously received from the analyte sensor system," as recited in claim 38 and similar features recited in claims 21 and 34. However, Mensinger teaches devices that receive information from a sensor electronics module that includes a glucose sensor (Fig. 1, display devices 14, 16, 18, 20, continuous analyte sensor system 8; pars. 98, 99, 101); and that data transmitted to a first display device from a sensor electronics module may be transmitted to second and third display devices (Fig. 5A, first display device, 550, second and third display devices 552, 554; par. 141).
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANUEL L BARBEE whose telephone number is (571)272-2212. The examiner can normally be reached M-F: 9-5:30..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelby A Turner can be reached at 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MANUEL L BARBEE/Primary Examiner, Art Unit 2857
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